OHIO SCHOOL LAWS 



IN FORCE APRIL 15TH, 1889. 



ALSO 



A SEX OF 



BlarxU Forms, ar\d Directions for tkeir Use, 



TO SERVE AS A 



GUIDE FOR SCHOOL OFFICERS. 



COLUMBUS : 

THE WESTBOTE COMPANY, STATE PRINTERS. 

1S£9. 



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O 2 -" a 




*' 



JUN 27 1903 
D. ofD, 



TMP92-008398 



PREFACE 



Section 360 of the Revised Statutes of Ohio thus provides : " He 
[the State Commissioner of Common Schools] shall cause as many 
copies of the laws as are necessary, relating to schools and teachers' 
institutes, with an appendix of appropriate forms and instructions for 
carrying into execution all such laws, to be printed in a separate volume, 
and distributed to each county with the laws, journals, and other docu- 
ments, for the use of the school officers therein, as often as any change 
in the laws is made of sufficient importance, in the opinion of the com- 
missioner, to require a republication and distribution thereof." 

There have been i^ this office for distribution no copies of the 
edition of the school laws of 1S83— the last edition published — for more 
than two years. The demand for copies throughout the whole State is 
now most importunate. There is, therefore, an urgent necessity for a 
new issue. 

The notes and the references to the decisions of courts in the edition 
of 1883, are very valuable and complete. Most of these notes and 
nearly ail the citations of decisions have been retained in this edition. 
Neither to these notes nor to the citations has it seemed necessary to 
make large additions. To the comparatively few that have been made 
an asterisk is prefixed. 

In preparing this reissue of the school laws, I have been under 
many obligations to Attorney-General Watson for advice on legal 
points. Valuable help has also been obtained from a little work en- 
titled " Common School Law," written and published by C. W. Bardeen, 
Syracuse, N. Y. 

In this volume will be found, as an appendix, the Forms and In- 
structions prepared by former commissioners for the guidance of school 
officers. 

John Hancock, 
State Commissioner of Common Schools. 



GENERAL RULES OF INTERPRETATION. 



"In considering questions arising under the school legislation of 
the State, such construction should be placed upon its various enact- 
ments , and the several provisions thereof, as will give harmony to our 
educational system, and secure, as far as practicable, its equal benefits, 
and the reasonable facilities for their enjoyment, to every locality." f21 
O. S., 339.] 

"Statutes should be so construed as to give effect to the intention 
of the legislature, and, if possible, render every section and clause 
effectually operative." [1 0. 381.J 

"In interpreting a statute or other written instrument the inten- 
tion of the framers must be arrived at, if possible, and, when necessary, 
the strict letter of the act, instrument, or law must yield to the mani- 
fest intent." [39 Mo., 80.] 



REVISED STATUTES OF OHIO. 



TITLE III. 

SCHOOLS. 



CHAPTER 1. 
CHAPTER 2. 
CHAPTER 3. 



CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 8 
CHAPTER 9 
CHAPTER 10 
CHAPTER 11 
CHAPTER 12 
CHAPTER 13 
CHAPTER 14 



Classification and change of districts. 

City districts of the first class. 

City districts of the second class and village 

districts. 
Township and special districts. 
Joint sub-districts. 
School funds. 

Provisions applying to all boards. 
School-houses and libraries. 
Schools, and attendance enforced. 
Enumeration, treasurer, and clerk. 
Reports. 
Examiners. 
Teachers' institutes. 
Cincinnati and tolodo universities. 



CHAPTER 1. 



CLASSIFICATION AND CHANGE OF DISTRICTS. 



Classes of 
school dis- 
tricts. 



Section 
3885. Classes of school districts. 
Giiy districts of first class. 
City districts of second class. 
Village districts. 
Change of classification in certain 

cases. 
Township districts. 
Special districts. 



3886. 
3887. 



3889. 



3890. 
3891. 



Section 

3892. Boundaries of sub-districts not 
changed. 
Transfer of territory from one 

district to another. 
Township districts may he- 
come village districts. 
How vote shall be taken. 
How board organized. 



3893. 
3894. 



3895. 
38%. 



City districts : 



Sec. 3885. The state is hereby divided into school dis- 
tricts, to be styled, respectively, city district of the first 
grade of the first class, city districts of the second grade of 
the first class, city districts of the first class, city districts of 
the second class, village districts, special districts, and town- 
ship districts. [70 v. 195, § 1; 84 v. 184.] 

Sec. 3886. Each city having a population of two hun- 



SCHOOL OFFICER S GUIDE. 



Classification and Change of Districts. Ch. 1. 

dred and fifty thousand or more by the last preceding'census Firstgrade 
of the United States, including the territory annexed to it for first c,ass - 
school purposes, and excluding the territory detached from it 
for school purposes, shall constitute a city district of the first 
grade of the first class; each city having a population of one 
hundred and fifty thousand or more, and less than two hun- Second grade, 
dred and fifty thousand, by the last preceding census of the 
United States, including the territory anne ed to it for school 
purposes, shall constitute a city district of the second grade 
of the first class; and each city having a population of ten 
thousand and less than one hundred anfl fifty thousand by Firstc i ass - 
the last preceding census of the United States, including the 
territory annexed to it for school purposes, and excluding 
territory detached from it for school purposes, shall constitute 
a city district of the first class. [70 v. 195, § 2; 8L v. 71; S4 
v. 184.] 

Sec. ZZ8Q. Each city having a population of ten thou city school 
sand or more, including the territory attached to it for school first class. 
purposes, and excluding the territory within its corporate 
limits detached for school purposes, shall constitute a school 
district, to be styled a city district of the first class ; and each 
district that has heretofore been constituted a city district of 
the fiist class shall remain such. [70 v. 195, § 2; 81 v. 71 ; 
85 v. 91. J 



"Sec. 3886 (a). It will be observed there are two sections with this 
number." The original section 3886 was amended and repealed in 1884, and 
the section as amended in 1884 was amended and repealed in 1887. The 
author of the amendment of 1888 seems to have overlooked the amend- 
ment of 1S87, and to gave gone back to the amendment of 1884, which had 
been repealed by the amendment of 1887. Under this condition of facts 
there was nothing left to do but to retain the two sections with the same 
number. 

(6) In the interpretation of several of the sections of this title, it 
will be necessary to observe that "city districts of the first class," and " cities 
of the first class" are not related terms. A city of the first class has over 
31,500 inhabitants. 

Sec. 3887. Observe also that "city districts of the second class," and 
" cities of the second class " are not co-incident. 

Sec. 3888. Territory attached for school purposes. — The phrase " terri- 
tory attached for school purposes," as used in sections 3886, 3887, and 3888, 
evidently applies to territory not included in the corporate limits of a city 
or village, but which, at the time of its organization, formed a part of the 
school district or sub-district to which the territory of such city or village 



SCHOOL OFFICER S GUIDE. 



Ch. 1. 



Classification and Change of Districts. 



City districts 
of second 
class. 



Village dis- 
tricts. 



Changes of 
classification 
in certain 

cases. 



Township 
districts- 



Sec. 3887. E^ch city o' the second clasp, having a. 
population of less than ten thousand by the census of 1870, 
including the territory attached to it for school purposes, and 
excluding the territory within its corporate limits detached 
for school purposes, shall constitute a school district, to be 
styled a city district of the second class. [70 v. 195, § 3.} 

Sec. 3888. Each village, including the territory at- 
tached to it for school purposes, and excluding the territory 
•within its corporate limits detached for school purposes, shall 
constitute a schcol district, to be styled a village district. 
[74 v. 140, § 4.] 

Sec 3889. Municipal corporations hereafter created, or 
advanced to higher grade, except villages created by advance- 
ment or otherwise, shall, from and after their creation or 
advancement, be school districts corresponding to their grade 
as herein provided. [70 v. 195, § 5.] 

Sec 3890. Each organized township, exclusive of any 
of its territory included in a city, village, or special district, 



belonged ; or to territory transferred from one district to another, for school 
purposes, under section 3893 of this chapter. 

"Territory detached for school purposes" is territory taken into the 
corporate limits of a city or village, but not transferred to the village dis- 
trict, by mutual consent of the boards of education concerned ; or it is 
territory formally transferred by the city or village district adjoining. 

Sec. 3889 (a). Villages created by advancement or otherwise, become 
village districts only when action is taken for that purpose under section 
3912, et seq. 

(6) The corporate character of a school district cannot be questioned 
in a collateral proceeding. This is to be done in direct proceeding by qu& 
'warranto. If the corporation is acting by virtue of legislative enactment, 
this is sufficient as against everybody, except the State itself, and private 
parties cannot question the regularity. — Cooley's Constitutional Limita- 
tions, 254. 

Sec. 3890. A change of township boundaries accordingly works a 
change in the township district boundaries. 

* Sec. 3891. The decision of the supreme court in the case of the 
State v. Powers, 38 O. S., 54, which declared it beyond the constitutional 
powers of the general assembly to create a special school district, has been 
overruled by the same court in the case of the State ex rel. Attorney-Gen- 
eral v. Shearer (February, 1889). The latter decision revives all the spe- 
cial districts created by the legislature, except the New London special 
district. 

Sec. 3892. Sub-districts are the sub-divisions of a township district. 
These sub-divisions are made by township boards of education, and by 
commissioners appointed by the probate court. 



SCHOOL OFFICER S GUIDE. 



Classification and Change of Districts. 



Ch. 1. 



shall constitute a school district, to be styled a township dis- 
trict. [70 v. 195, § 7.] 

Sec. 3891. Any school district now existing, other than special dis- 

xricts* 

those mentioned in sections thirty-eight hundred and eighty-six, 
thirty-eight hundred and eighty-seven, ihirty-eight hundred and 
eighty-eight, and thirty-eight hundred and ninety, which has been 
established by a vote of the people in accordance with any 
act of the general assembly, or which has been established 
by a general or local act of the general assembly, shall con- 
stitute a school district, to be styled a special district; and 
such districts may be established as provided in chapter five 
of this title. [70 v. 195, § 6.] 

Sec. 3892. The several sub-districts and joint sub-dis- 
districts now existing within any township district shall 
continue, according to their respective boundaries, to be sub- 
districts or joint pub-districts thereof, subject to the provisions 
of this title. [70 v. 195, § 8.] 



Boundaries of 

sub-districts 
not changed. 



CHANGE OF DISTRICT. 

Sec 3893. A part or the whole of any district may be 
transferred to an adjoining district, by the mutual consent of 
the boards of education having control of such districts; but 
no such transfer shall take effect until a statement or map, 
showing the boundaries of the territory transferred, is entered 
upon the records of such boards, nor, except when the trans- 
fer is for the purpose of forming a joint sub-district, until a 
copy of such statement or map, certified by the clerks of the 
board making the transfer, is filed with the auditor of the 
county in which the transferred territory is situate; and any 
person living in the territory so transferred may appeal to 



Transfer of 
territory from 
one district 
to another. 



Concerning joint snb-districts, see chapter 5. 

Sec. 3893 (a). There is no such thing as transferring territory for Transfer of 
temporary purposes, with an understanding that it shall be set back at a territory, 
definite future time. Such territory can be transferred again as other terri- 
tory may be ; thus changing again the boundaries of the district and the 
voting relations of residents. 

(b). Unless boards transfer territory, an appeal does not lie to the 
commissioners, under this section. But if a case arises such as is described 
under section 3969, the commissioners may be applied to for relief. 

(c). It is the evident intention of the statute that the territory to be 
transferred to an adjoining district must be contiguous to the district. tiguous. 



IO 



SCHOOL OFFICER S GUIDE. 



Ch. 1. 



Classification and Change of Districts. 



Township 
districts may 
become vil- 
lage districts. 



How vote 
shall be taken. 



How board 
organized. 



the county commissioners, as provided in section thirty-nine 
hundred and sixty seven, and the commissioners, at their first 
regular meeting thereafter, shall approve or vacate such 
transfer. [70 v. 195, § 40.] 

Sec. 3894. The board of education of any township dis- 
trict may decide to submit, and, on petition of one-third of 
the electors of the district, shall submit, at the first regular 
election for township officers after such decision is made or 
petition received, the question whether such township dis- 
trict shall be governed by the provisions of this title relating 
to village districts; and the board shall give notice of the 
vote to be taken, by posting up written or printed notices, in 
ten or more public places in the township, at least twenty 
days prior to such election. [70 v. 195, § 155.] 

Sec. 38H5. The election shall be conducted by the town- 
ship trustees, who shall provide a separate ballot-box and 
separate poll-books, and make a return of the vote to the 
township clerk, and also to the commissioner of common 
schools, within five days after the election; and the persons 
voting at such elections in favor of such change shall have 
written or printed on their ballots — "School District," and 
those opposed to such change — "No School District." [70 v. 
195, § 156.] 

Sec. 3896. At the annual organization of the township 
board after any such election, if it be found that a majority 
of the votes cast were in favor of the change, the board shall 
select, by vote or lot, six persons to serve as a township board 
of education, two of whom shall serve for three years, two for 
two years, and two for one year; and such board shall there- 
after be governed by the provisions of this title relating to 
boards of village districts. [70 v. 195, § 167.] 



SCHOOL OFFICER S GUIDE. I I 



City Districts of the First Class. Ch. 2. 



CHAPTER 2. 



CITY DISTRICTS OF THE FIRST CLASS. 



Section 

3897. Board of education— how consti- 

tuted, and how membership in- 
creased. 

3898. When two members for each ward, 

how elected. 

3899. When one member for each ward, 

how elected. 



Section 

3900. Where certain electors to vote, 

plats of attached territory. 

3901. Conduct of elections. 

3902. How electors on attached terri- 

tory to cast ballots. 

3903. Meetings and certain powers of 

the board. 



Sec. 3897. In city districts of the first grade of the first SuhUiVy 
class, the board of education shall consist of one member from g r fJe?first St 
each ward, and each member of the board shall be an elector tionof e mem- 
of the ward, or of the township, or part of the township, terms of "office, 
which, for school purposes, has been or may be attached to 
such ward, for which he is elected or appointed ; provided, 
that [inj city districts of the first grade of the first class, be- 
ginning with the annual election for city officers held in 
April, 1887, one member shall be elected from each ward 
having an even numerical designation, or from territory 
attached for school purposes to such ward having an even 
numerical designation, as above provided, who shall serve 
for the term of one year, and that at the annual election for 
city officers held in April, 188~, one member shall be elected 
from each ward having an odd numerical designation, or from 
territory attached for school purposes to such ward having an 
odd numerical designation as above provided, who shall serve 
for a term of two years, and annually thereafter as the term of 
members elected by said ward or ward with territory attached 
for school purposes, as above provided, shall expire, successors 
shall be elected to hold for the term of two years; and if any vacancy by 
person elected a member of said board shall, during his term 
as said member, move out of the ward for which he was 
elected, then his term shall cease and determine, and said 
board shall elect a person to fill the vacancy ; the members 
elected under this act shall hold office until their successors 
are elected and qualified ; provided, that the board of educa- anofreniovai* 
tion established by this act shall be in all respects the succes- of teachers - 
sors of the respective board whose place they take ; but the 

Sec. 3897. Change of Residence. — When a member of a board of edu- 
cation or a local director ceases to be an elector in the district, ward, or sub- 
district which he was elected to represent, he vacates his office. 



12 



SCHOOL OFFICER S GUIDE. 



Ch. 2. 



City Districts of the First Class. 



New wards. 



Board of edu- 
cation in city 
districts first 
class : elec- 
tion and 
term of mem- 
bers. 



members of .such board of education shall not, as individuals 
or as local committees, exercise supervisory authority over the 
schools in the several wards or districts, or have the selection 
or nomination of teachers. The superintendent of the public 
schools of said city district of the first grade oi the first class 
shall appoint all the teachers of said schools by and with the 
consent of the board of education, and the superintendent or 
the board of education may remove for cause ; and provided 
further, that when a new or additional ward shall be created 
in such city district, the board of education shall proceed to 
elect a person who is an elector of such additional ward, or of 
territory thereto attached for school purposes, as a member of 
the board from such ward, to serve until the next annual 
election for city officers, at which annual election the quali- 
fied electors of each such new wards, and the territory an- 
nexed thereto for school purposes, shall elect one judicious and 
competent person, having the qualification of an elector of 
such ward or territory thereto attached for school purposes, 
to serve as a member of the board of education ; provided, 
that if such new wards have an even numerical designation, 
the member so elected, as provided above, shall serve until 
the expiration of the term of other members who are or have 
been elected from wards having an even numerical designa- 
tion, and if such new ward having an odd numerical designa- 
tion, the member so elected, as provided above, shall serve 
until the expiration of the term of other members of said 
board, who are or have been elected from wards having an odd 
numerical designation; and annually thereafter, as the term 
of members so elected, as above provided, shall expire, suc- 
cessors shall be elected, who shall serve for the term of two 
years, and until the election and qualification of their suc- 
cessors. [77 v. 80; 82 v. 7; 84 v. 184.] 

Sec. 3898. In each city district of the first class, and 
not of the first or second grade, the board of education shall 
consist of two members from each ward, except in city dis- 
tricts organized under a law providing for one member only 
for each ward, in which districts the board may, at any time, 
by a vote of the majority of all its members, provide that 
thereafter each ward shall be represented by two members, 
and thereupon proceed to choose one additional member for 



SCHOOL OFFICERS GUIDE. 1 3 

City Districts of the First Class. Ch. 2. 

each ward, to serve until the next annual election for city 
officers, and until the election and qualification of his suc- 
cessor ; and each member of the board shall be an elector of 
the ward for which he is elected or appointed ; and at every 
annual election for city officers in a city which constitutes cation in city 
districts of the first class, wherein the board consists of two class. 
members for each ward, there shall be elected in each ward, 
by the qualified electors thereof, one judicious and competent 
person to serve as a member of the board of education of the 
districts for two years, from the third Monday of April suc- 
ceeding his election, and until the election and qualification 
of his successor ; provided, that at the annual election for 
city officers, held first after a city has been constituted a city 
district of the first class, with a board to consist of two mem- 
bers from each ward, there shall be elected in each ward of 
such city, by the qualified electors of such ward and of said 
district entitled to vote in such wards, two persons of the re- 
quired qualifications to serve as members of the board of edu- 
cation of such districts, one for one year and the other for 
two years from the third Monday of April succeeding their 
election, and until the election and qualification of their suc- 
cessors; and provided, that any elector residing in such dis- 
trict, but not in any ward of such city, shall, if the territory 
containing his residence has not been attached to any ward 
for school purposes, as provided in section thirty-nine hun- 
dred, be entitled to vote for members of the school board in 
the ward nearest his residence; and in such case a separate 
ballot-box and poll-book shall be provided and used, as re- 
quired in section thirty-nine hundred and two, in each ward 
where any such elector may be entitled to vote; when the 
board of education in such city district of the first class con- 
sists of as many members as there are wards, there shall be 
elected at the annual election for city officers in the year 
eighteen hundred and eighty, and every two years thereafter, 
in each ward designated by an even number, and in the year 
eighteen hundred and eighty-one, and every two years there- 
after, in each ward designated by an odd number, by the 
qualified electors thereof, one member of the board, who shall 
hold his office for two years, and until the election and the 
qualification of his successor. [70 v. 195, § 11 ; 84 v. 184.] 



H 



SCHOOL OFFICER S GUIDE. 



Ch. 2. 



City Districts of the First Class. 



Cleveland 
board of edu- 
cation. 



City divided 
into districts. 



Sec. 3899. In city districts of the first class, second 
grade, the board of education shall consist of twenty mem- 
bers, to be elected by districts, to serve for the term of two 
years, except as hereinafter provided ; and for the purpose of 
electing such board of education such cities shall be and are 
hereby divided into twenty districts, as fellows: 

The second and fourth wards shall constitute the first 
district. 

The fifth and eighth wards shall constitute the second 
district. 

The sixth and seventh wards shall constitute the third 
district. 

The ninth and eighteenth wards shall constitute the 
fourth district. 

The nineteenth and twenty-first wards shall constitute 
the fifth district. 

The twentieth and twenty-second wards shall constitute 
the sixth district. 

The twenty-third and twenty-sixth wards shall constitute 
the seventh district. 

The twenty-fifth and twenty-seventh wards shall con- 
stitute the eighth district. 

The seventeenth and twenty-fourth wards shall consti- 
tute the ninth district. 

The thirteenth and fifteenth wards shall constitute the 
tenth district. 

The twelfth and fourteenth wards shall constitute the 
eleventh district. 

The tenth and eleventh wards shall constitute the twelfth 
district. 

The first and sixteenth wards shall constitute the thir- 
teenth district. 

The third and twenty-eighth wards shall constitute the 
fourteenth district. 

The twenty-ninth and thirtieth wards shall constitute 
the fifteenth district. 

The thirty-first and thirty-third wards shall constitute 
the sixteenth district. 

The thirty-fourth and thirty-fifth wards shall constitute 
the seventeenth district. 



SCHOOL OFFICERS GUIDE. 1 5 

City Districts of the First Class. Ch. 2. 

The thirty-second and thirty-sixth wards shall constitute 
the eighteenth district. 

The thirty-ninth and fortieth wards shall constitute the 
nineteenth district. 

The thirty-seventh and thirty-eighth wards shall consti- 
tute the twentieth district. 

And in said cities of the second grade, first class, there 

Election and 

shall be elected at the first annual municipal election to be term of mcm- 

1 bers. 

held after the passage of this act, in each district designated 
by an even number, by the qualified electors thereof, for the 
term of three years, and thereafter biennially, and in each 
district designated by an odd number, by the qualified elec- 
tors thereof, for the term of two years, and thereafter bien- 
nially, one member of the board, who shall hold his office 
until the election and qualification of his successor. [70 v. 
195, §11; 71 v. 55, §§ 1, 2, 3; 83 v. 3'.] 

Sec. 3900. An elector residing in the city district, but where cer . 
not in any ward of the city, phall be entitled to vote in the t^voteTptetB 
ward to which he is attached by the board of education for territory 6 * 1 
school purposes; but an elector residing in the city, and not 
in the city district, shall not be entitled to vote at any elec- 
tion provided for in this chapter ; the board shall ascertain 
whether the city limits are co-extensive with the limits of 
the school district; and in case the school district includes 
territory without the corporate limits, the board shall make 
or cause to be made a plat of the territory so attached for 
school purposes, designating thereon by metes and bounds 
the ward or wards to which such attached territory is to be 
thereafter assigned; which plat shall be recorded as a part of 
the proceedings of the board. [70 v. 195, §§ 10, 12.] 

Sec. 3901. The election provided for in section thirty- conduct of 
eight hundred and ninety-nine shall be conducted by the judges 

Sec. 3900. Of course an elector residing in a city of the first class, 
and not in the city district, votes for school officers with the voters outside 
of the city, and in the same district with him. See sections 3908 and 3916. 
" Shall be elected by the qualified electors of such districts," however the 
districts may be situated as to the boundaries of cities, etc. 

Sec. 3901. The method of contesting an election is by quo warranto. 
R. S., Section 6760. 

(a). "Shall m-ike returns," that is, a certificate showing the vote for Returns 
each candidate for the required office in the proper ward, for township, 



i6 



SCHOOL OFPICERS GUIDE. 



Ch. 2. 



City Districts of the First Class. 



How electors 
on attached 
territory to 
cast ballots. 



and clerks of the city elections, and they shall make returns 
of such election to the board of education within five days 
from the time of holding the same. [70 v. 195, § 13.] 

Sec. 3902. The judges and clerks of city elections, in 
the wards to which any territory beyond the city limits has 
been attached by the board of education for school purposes, 
shall have two separate ballot-boxes and two sets of poll- 
books; the electors residing on such attached territory may 
vote at all regular and special elections in such wards for 
members of the board of education; the judges of election 
in such wards shall receive the ballots of the electors resid- 
ing on such attached territory, and depo-it them in the 
ballot-box provided for that purpose; the clerks of election 



Poll-books. 



Contest by 
quo warranto. 



village, or special district] at the proper date, signed by the judges and 
clerks of election before they disperse, sealed, marked "Election Returns," 
and directed and sent in this case to the board of education. See notes to 
section 3917. 

(6). Poll-books duly certified and returned are prima facie evidence of 
the truth of their contents, but this presumption will be rebutted by proof 
that they are fraudulent and fictitious to such an extent as to render them 
wholly unreliable. Phelps v. Schroder, 26 O. S., 549. 

(c). Where a poll-book is thus impeached and rejected, the legal 
voters are not disfranchised, but the burden of otherwise proving legal 
votes is thrown upon the party claiming them. lb. 

(d). The relator having received a certificate of election as school 
director, was sworn in, and some months afterward, the board halving 
become satisfied thaj he had not received a majority of th Q v-c*nd that ] 
defendant had, swore in the latter and excluded -relator from the*'- .y/r 
meetings, and the relator thereupon filed an inform j n uCu in the nature of a 
quo warranto, against defendant. Held, as the law for the election of school 
directors makes no provision for contest of election, the method adopted in 
this case is available. Therefore the fact that the relator had received a 
certificate is not conclusive, for the court must go behind the certificate to 
ascertain who had the majority of votes. State ex ret., (Langdon) v. 
Goodaie. 4 Bull., 1065, 8 Rec, 432. 

(e). That this remedy is exclusive, and that a mandamus to recanvass 
will not lie, see 26 O. S., 216. 

(/). In case of fraud on the part of the judges in receivi-ig or in 
counting votes, McCray on Elections, \ 184, after referring to many cases 
and authorities, remarks : " The safe rule probably is that where an elec- 
tion board are found to have willfully and deliberately committed a fraud, 
even though it effect a number of votes too small to change the result, it is 
sufficient to destroy all confidence in their official acts, and to put the party 
claiming anything under the election conducted by them, to the proof of 
his votes, by evidence, other than the returns." See Judkins v. Hill, 50 N. 
H., 140; Knox Co. v. Davis, 63 111., 405; Russell v. State, 11 Kan., 308." 



SCHOOL OFFICERS GUIDE. 1 7 

City Districts of the Second Class, and Village Districts. Ch. 3. 

shall enter upon the separate poll-books provided for that 
purpose the names of such electors so voting; and due 
returns of such elections for members of the board shall be 
made as provided by section thirty-nine hundred and one. [70 v. 
195, § 12.] 

Sec. 3903. The board of education, except in cities of Timeof regu- 

' * lar meeting* of 

the first class, second grade, shall hold regular meetings ^^ of edu " 
once every two weeks. In cities of the first class, second 
grade, said board shall hold its meetings on the first and 
third Monday of each month following the third Monday of fn| s c , 1 et 1 c. mee, 
April, and in all city districts of the first class, said board 
may hold such special meetings as it may deem necessary; 
it may fill all vacancies that occur in the board until the 
next annual election, and may make such rules and regula- 
tions for its own government as it may deem necessary ; but 
such rules and regulations must be consistent with the con- 
stitution and laws of the State. [79 v. 59.] 



CHAPTER 3. 



CITY DISTRICTS OF THE SECOND CLASS, AND VILLAGE 

DISTRICTS. 



Section 
39u9. Notice of elections. 

3910. Returns to be made to board. 

3911. How membership increased. 

3912. How village may become villas 

district. 

3913. How village district organized. 

3914. Organization of board. 



Section 

3904. Membership of board of educa- 

tion. 

3905. Election of members in city dis- 

tricts. 

3906. Conduct of tbe election. 

3907. Election when . -ny members 

as wards. 

3908. Election in village districts. 

Section 3904. In city districts of the second class, and Membership of 
in village districts, the board of education shall consist of nation, 
six members, except in districts organized under a law pro- 
viding for only three members, who shall have the qualifi- 
cations of an elector therein, and in such districts the mem- 
bership may be increased to six, in the manner hereinafter 
provided ; but the board of a city district of the second class, 
may provide, by a vote of the majority of its members, that 
the board shall consist of as many members as the city has 
wards. [70 v. 195, §§ 16, 17.] 

Sec. 3903 (a). For manner of filling vacancies in the board, see sec- 
tion 3981, with the notes thereto. 

(b). For classification of cities, see sections 1547-8, of Revised Stat- 
utes. See also remarks under sections 3886 and 3887. 
2 



i8 



OHIO SCHOOL LAWS. 



Ch. 



City Districts of tbe Second Class, and Yillage Districts. 



Election of 
members in 
city districts. 



Conduct of 
election of 
members of 
board of edu- 
cation in city 
districts, 
second class. 



Sec. 3905. In city districts of the second class, except 
such as are mentioned in section thirty-nine hundred and seven, 
members of the board of education shall be elected annually, 
to serve lor the term of three years from tbe third Monday of 
April succeeding their election, and until the election and 
qualification of their successors; if the board consists of six 
members, two judicious and competent persons shall be 
elected each year ; and if the board consists of three mem- 
bers, one such person shall be elected each year. [75 v. 53, 
§ 18-] 

Sec. 3906. If the boundaries of the district and [the] 
city are identical, or, if territory has been detached from the 
city and attached to another district, the election shall be 
conducted exclusively by the judges and clerks of the city 
election, but electors residing within the bounds of such de- 
tached territory shall not vote thereat ; but if territory out- 
side the city limits is attached to the district, an election 
shall also be held for the same purpose in the township from 
which it was detached, and conducted by the judges and 
clerks of the township election, but only electors residing 
within the bounds of such territory shall vote thereat; the 
election shall be held at the same time and places as the elec- 
tion for city or township officers shall be held ; the names of 
candidates for such member shall be upon separate tickets, 
and all such tickets voted shall be deposited in separate 
ballot-boxes, which shall be provided by the board of educa- 
tion ; separate poll-books of the election shall be kept, and 



Territory de- 
tached from 
city.; 



Territory at- 
tached to city 
district. 



Sec. 3906 (a). According to the first clause of this section, a district 
adjoining a city district of the second class, and having attached to it 
some territory of the city, holds its election for school officers wholly in its 
own territory. All the voters resident in such district whether outside of 
the city or within it, vote together for members of the board. 

(6). According to the second clause, voters living outside the limits 
of a city of the second class, and yet on territory attached to such city for 
school purposes, do not vote within their district, that is, at the city or 
ward poll ; but at the poll of the township in which their school-house is 
situated — depositing their ballots for school officers for the city district " in 
a separate ballot-box which shall be provided by the board of education " 
of the city district, since the township board is not interested in the subject. 
For the same reason the separate poll-book is probably to be provided by 
the same board. "The returns' 7 — see note to 3901 — are to be made to the 
city clerk, who will combine this count with the count of those cast within 
the city and returned to him. 



SCHOOL OFFICERS GUIDE. 19 

Ch. 2. City Districts of the Secoud Class, and Village Districts. 

returns of the election shall be made to the clerk of the city 
which constitutes the district. [75 v. 53, § 18; 82 v. 6; 83 
v. 82.] 

Sec. 3907. In a city district of the second class in which 

Election after 

the board consists of as man}' members as the city has wards, membership 

•* J ' increased. 

there shall be elected biennially in each ward, at the time 
and in the manner provided in the preceding chapter for 
election in city districts of the first class, one competent and 
judicious person to serve as a member of the board for two 
years from the third Monday of April succeeding his election, 
and until the election and qualification of his successor ; but 
at the first election after it is decided that the board shall be 
so constituted, the persons elected in wards designated by odd 
numbers shall serve for only one year from the third Monday 
of April succeeding their election, and until the election and 
qualification of their successors; and the board shall ascer- 
tain the limits of the district, assign attached territory to 
wards, and make and record a plat thereof, as provided in 
section thirty-nine hundred. [75 v. 53, § 18; 70 v. 195, § 101.] 

Sec 3908. In village districts members of the board of Election in 

v i 1 Iretc cl is - 

education shall be elected on the first Monday of April an- tricte. 
nually, to serve for the term of three years from the third 
Monday of April succeeding their election, and until the elec- 
tion and qualification of their successors; the qualified elec- 
tors of the district, including those residing within the 
bounds of territory attached to the district, but beyond the 
village limits, shall meet between the hours of six o'clock A. 
M. and six o'clock P. M. of said day, at the usual places of 

Sec. 3908 (a). The evident intent of the law requires that when the Opening anil 
polls are once opened, they should be kept open until the hour prescribed closing polls. 
for finally closing; but the statute on the conduct of elections, section 2929, 
is said to be directory, and, if so, " a departure from its strict observance 
will not necessarily invalidate an election, where no fraud has been 
practiced and no substantial right violated." Fry v. Booth, 19 O. S., 25. 

(6). It is presumed that the same principle holds in the school law. 
But the burden of proof will be on the party denying the violation of 
personal rights in the case. 

The polls should be opened and closed at the precise time designated 
by the statute, if the statute fixes the time, or by the notice, if so fixed. 

(c). For method of contesting elections, see note to section 3901. 

*If one candidate is ineligible, and the other is not elected, the election 
is void. See note d, Sec. 3917. 



20 



OHIO SCHOOL LAWS. 



Oh. 3. 



Notice of elec- 
tions. 



City Districts of the Second Class, and Village Districts. 



holding school elections, organize by the appointment of a 
chairman and secretary, and proceed to vote by ballot for per- 
sons to serve as members of the board ; and if the board 
consist of six members, two judicious and competent persons 
shall oe elected each year, and if it consists of three mem- 
bers, one such person shall be elected each year. [75 v. 53, 
§18] 

Sec. 3909. The clerk of the board of education of each 
city district of the second class, and of each village district, 
shall publish a notice of the election and meeting provided 
for in the preceding sections, in a newspaper of general 
circulation in the district, or post written notices of such 

meeting in five of the most pub ic places in the district, at 
least ten days before the holding of the same, which notice 



Length of no- 
tice. 



Omission of 
notice of va- 
cancy. 



Sec. 3909 (a). In the law pertaining to such notices, a day is held to 
be indivisible. Hence a notice issued on any day, allows the whole of that 
day to be included in the ten, or other number of days' notice, provided 
for by a statute. Since the ten days must all expire before the meeting 
begins, it must also expire before the day begins on which the meeting is 
held, the day itself being but a point of time. The acts of a meeting held 
on any other day than that expressed in the notice, are invalid. 16 O., 
408. 4 Western Law Monthly, 215. 

(b). A notice for a school election must state the purpose for which 
it is to be held, and no other business can be legally transacted thereat, 14 
Vermont, 300. The transaction of such business, however, would not 
invalidate acts done in accordance with the notice. Furthermore, " the 
omission of the sheriff [clerk] to mention' in his notice one of the vacan- 
cies to be filled is not conclusive evidence of the invalidity of the election. 
Taken in connection with other circumstances, it is competent evidence of 
fraud or conspiracy. State v. Taylor, 15 O. S., 137. State v. Stewart, 26 O. 
S., 216. But if the sheriff [clerk] fails to, give such notice for one of the 
vacancies to be filled, and in consequence of such neglect, only a small 
minority of the electors present vote for a person to fill such vacancy, such 
election is irregular and invalid. Foster v. Scarff, 15 O. S., 532." 

(c). On this subject, McCrary on Elections, \ 135, says : " It must be 
conceded that time and p]ace are of the substance of every election, while 
many provisions which appertain to the manner of conducting an election 
may be directory only. [Dickey v. Hulburt, 5 Cal., 343.] But it does not 
follow that due notice of time and place of holding an election is always 
Notice of time essential to its validity. Whether it is so or not depends upon the question 
whether the want of due notice has resulted in depriving any portion of 
the electors of their rights." 13 N. Y., 350; 12 Mich., 508 ; see also Foster 
v. Scarf, 15 O. S.. 532. 

(d). It is more essential that proper legal notice be given for an elec- 
tion to fill a vacancy, or to authorize a tax, than of a regular, stated 
election, provided for by law. 



SCHOOL OFFICERS GUIDE. 2 1 

City Districts of the Second Class, and Village Districts. Ch. 3. 

shall specify the time and place of the election or meeting, 
and the number of members to be elected. [75 v. 53, § 19.] 

Sac. 3910. The secretary of the meeting or clerks of Returns to be 

. ■■ . in made t© board 

elections in village districts provided for in this chapter shall 
keep a poll-book and tally-sheet, and return the same within 
five days after the election to the clerk of the board of edu- 
cation of the district, duly certified. [75 v. 53, § 20.] 

Sec. 3911. When the electors of a city district of the S?i£S!f- er " 
second class, or of a village district, the board of education of e " 
which consists of three members, desire that the board shall 
consist of six members, they may make such change in the 
manner following : Written or printed notices shall be posted 
in at least five of the most public places in the district, at 
least ten days prior to the day designated therein, signed by 
a majority of the members of the board of education, or by 
one member of the board and at least ten resident electors of 
the district, requesting the qualified electors of the district 
to assemble on a day, and at an hour and a place, to be desig- 
nated therein, then and there to vote for or again-t such 
change; the electors, when assembled in accordance with the 
notice, shall appoint a chairman and two clerks, who shall be 
judges of the election ; the electors in favor of the proposed 
change shall have written or printed upon their ballots the 
words, " Board — change," and those opposed thereto the 
words, " Board — no change," and the ballots cast shall deter- 
mine the question whether the change shall be made; the 
judges shall make due return of the election to the board of 
education of the district, within ten days after the holding of 
the same; and if a majority of the votes cast be found to be 
in favor of the change, three additional members of the 
board shall be chosen at the next annual election for school 
officers, one to serve for one year, one for two years, and one 
for three years, and annually thereafter two members of the 
board shall be chosen to serve for three years, as provided in 
section thirty-nine hundred and five. [70 v. 195, § 21.] 

Sec. 3912. When the electors of a village desire to erect How village 
it into a village district, they may proceed in the following village ais- 
manner : Written or printed notices, signed by not less than 
five electors, resident of the village, shall be posted, at least 
ten days prior to the day designated therein, in at least five 



2 2 OHIO SCHOOL LAWS. 



Ch. 3. City Districts of the Second Class, and Village Districts. 

of the most public places within^ the village, requesting the 
electors thereof to meet for the purpose of voting on the ques- 
tion of establishing a village district, on a day, and at an 
hour and a place, to be designated in the notices ; the meeting 
shall be held within the limits of the village, between the 
hours of six o'clock A. M. and six o'clock P. M., and the polls 
shall be kept open at least six hours; the electors, when 
assembled in accordance with this notice, shall appoint a 
chairman and two clerks, who shall be judges of the election ; 
the electors in favor of the proposed village district shall have 
written or printed on their ballots the words, ''Village dis- 
trict, yes," and those opposed thereto the words," Village district, 
no;" and the votes cast shall determine the question whether 
such village district shall be established; if a majority of the 
votes cast at such election be opposed to the establishment of 
such village district, the question of establishing the same 
shall not again be submitted to the electors of the village 
until the succeeding regular annual election for village offi- 
cers, and then only upon notice being given as above provided ; 
and if a majority of the votes cast at such election be in favor 
of the establishment of such district, the village may be 
organized as a village district in the manner provided in the 
next two sections. [74 v. 140, § 4.] v 

IStrictS? 6 Sec - 3913 - Written or printed notices, signed by not 

less than five electors residing within the limits of the vil- 
lage, shall be posted in at least five of the most conspicuous 
places therein, requesting the electors of the village to meet 
for the purpose of electing a board of education for such pro- 
posed village district, on a day, and at an hour and a place, 
designated in the notices, which notices shall be posted at 
least ten days prior to the day designated in them for such 
meeting ; the electors, when assembled in accordance with the 



ganized. 



Sec. 3912. Under the act of March 14, 1853, (51 v. 429), when an 
incorporated village was formed within or to include a material portion of 
a sub-district, no portion thereof is, by reason of such incorporation, with- 
drawn from the school jurisdiction of the township, but the whole continues 
to be a sub-district until the actual election or appointment of a separate 
school board, and the portion of a sub-district not included within the 
limits of such incorporated village, is "territory annexed for school pur- 
poses" within the meaning of the act. Cist v. State, 21 O. S., 339.] 



SCHOOL OFFICERS GUIDE. 2$ 

City Districts of the Second Class, and Village Districts. Ch. 3. 

notice, shall appoint a chairman and two clerks, who shall be 
judges of the election, and shall then choose by ballot six 
competent and judicious persons to serve as members of the 
board of education of the proposed district — two to serve for 
one year, two to serve for two years, and two to serve for thrc 5 
years, from the third Monday of April next preceding tl e 
organization of the district, and until the election and quali- 
fication of their successors ; but if the election be held on the 
day of the annual election for school officers, there shall be 
elected two persons to serve for one year, two for two years, 
and two for three years, from the thir 1 Monday of April suc- 
ceeding their election, and until the election and qualification 
of their successors. [71 v. 55, § 5.] 

Sec. 3914. If such election be held on the first Monday organizatioa 
of April, the board elected thereat shall organize at the time 
and in the manner provided in section thirty-nine hundred and 

Sec. 3913. (a). Notice given on the first day of the month for such Time of no- 
election on the tenth, is not sufficient. See note to section 3909. 

(6). If the time of the giving of the notice is not stated, it may be 
proved. 

(c). If an emergency should occur, making it necessary to change the Change of 
place of holding the election after the regular notice has been given, and if 
such notice is given as would leave no excuse for not voting on account of 
the change, the election would not be invalidated by such change. 78 Illi- 
nois, 171. 

* (d). When candidates for different terms are running for the office of of^efnfVjn' 1 
director, the term each is to serve should be designated on the ballots, and ballots, 
such designation can not be disregarded by the judges of election. 20 O. S^ 
336. 

(e). This decision means this: the judges can count no votes on ichich such 
designation does not appear. When the election is that of members for two or 
more different terms, the offiers are two or more distinct offices. 

(/). Receiving illegal or improper votes will not alone vitiate an m e gnl votes 
election. It must be shown affirmatively, in order to overturn the declared 
result, that the wrongful action changed it. Dillon on Municipal Corpora- 
tions, 261. 

(g). Statutory provisions regarding an election are often regarded by g . often 

the courts as directory, and if the courts can determine what the popular directory, 
will was in the case, they are likely to sustain it. This is more especially 
true regarding the election ot officers. The construction is more rigid 
regarding votes to supply money — to impose taxes. See notes to sections 
3909, 3916, 3981, etc. 

(h). As to fraudulently receiving votes by judges and fraudulent 
counts by them, see notes to section 3901. 



24 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



eighty ; but if the election be held at any other time, the 
board shall organize on the next Monday thereafter, and in 
the same manner. [71 v. 55, § 6.] 



CHAPTER 4. 



TOWNSHIP AND SPECIAL DISTRICTS, 



Section 

3915. Township board of education — 

how constituted and organ- 
ized. 

3916. Election and qualification of di- 

rectors. 

3917. Notice and conduct of election. 

3918. Meeting of directors. 

3919. How vacancies in board filled. 

3920. Regular and special meetings of 

board. 

3921. Map of township district ; change 

of sub-districts. 



Section 

3922. Elections in new sub-districts. 

3923. Board of special district— how con- 

stituted, and how increased. 
39 M. Election of members. 

3925. Notice and conduct of election. 

3926. How special districts abandoned. 

3927. Members of the board to become 

directors; disposition oi prop- 
erty, etc. 



TOWNSHIP DISTRICTS. 



Township 
board' of edu- 
cation—how 
constituted 
and organ- 
ized. 

Surrender of 
charter. 



Ownership of 
property. 



What consti- 
tutes a quo- 
rum. 



Certificate of 
membership. 



Section 3915. The board of education of each township 
district divided into sub-districts shall consist of the town- 

Sec. 3914 (a). A village oi a city of the second class may surrender 
its charter without its school organ zation being affected thereby. Revised 
Statutes, sections 1640 and 1643. 

(b). The property, real and personal, within the village district so 
established, now belongs to said district, including a pro rata share of all 
monevs now in the treasury of the township district, and of the levy or 
levies already made. 

(c). All proceedings connected with the organization of the district 
should be recorded by the secretary in the records of the district, so that the 
facts concerning its formation and organization may be readily obtained in 
case the validity of the proceedings should ever be questioned. 

Sec. 3915 (a) This quasi membership of the clerk leaves it in doubt 
whether half of the sub-district clerks with him, would constitute a quorum _ 
It is presumed that a quorum of a majority will, by its votes, be able to 
protect the public interests. If the clerk, a non-voter, and hence not in the 
full sense a member, can help to make a quorum, this theory of the law is* 
here counteracted. Hon. E. E. White submitted the opinion that the town- 
ship clerk may fill up a quorum, and his successors in this office have gen- 
erally adopted this view. 

(b). The certificate of an election as clerk of a local board of directors, 
signed by the chairman and secretary of the meeting of such directors con- 
vened for the purpose of organizing, is conclusive evidence of membership 
in such township board. The township board of education can not go 
behind such evidence, except in ease of fraud. 



SCHOOL OFFICERS GUIDE. 25 

Township and Special Districts. Ch. 4. 

t 
ship clerk, and the directors who have been appointed clerks 

of the sub-districts ; the board of a township district which is 
not divided into sub-districts shall consist of the township 
clerk, and the directors of the district ; the board of a town- 
ship district which is composed of not more than two sub- 
districts shall consist of the tjwnship clerk, and the directors 
of the two sub-districts; and the clerk of the township shall 
be clerk of the board, but shall not be entitled to a vote. 
[70 v. 195, §§ 26, 29 ; 70 v. 241, § 44 ] 

Sec. 3916. There shall be elected b\ ballot, on the second Election and 
Monday of April, annually, in each sub district, and in each of directors. 
township not divided into sub-districts, by the qualified elec- 
tors thereof, one competent person, having the qualifications 
of an elector therein, to be styled director, who shall hold his 
office for three years from the day of his election, and until 
his successor is elected and qualified; and such director shall, 
within five days after his election, take an oath or affirmation 
to support the constitution of the United States, and the con- 
stitution of the State of Ohio, and to discharge the duties of 
his office faithfully and impartially, which oath or affirmation 
may be administered by any director of a sub-district of the 
township, or by the township clerk. [75 v. 81, § 27.] 

Sec. 3917. The clerk of each sub-district, or if a town- 
ship is not divided into sub-districts, the clerk of the town- 
ship, shall post written or printed notices in three or more 
conspicuous places in his sub district or township, as the case 
may be, at least six days prior to the day of election, desi^nat- 

Sec. 3916 (a). When the legislature has fixed by law the time for Legal time of 
holding an election of officers, an election at any other time, unless pro- election, 
vided for by law, is unauthorized and void. State v. Dombaugli, 20 O. S., 
167. 

(6). No person can exercise the functions or perform the official Must be elect- 
duties of an elective officer until he has been both elected and qualified. fi e( i. u l 

(c). An official trust can not be delegated ; see III Central Law Jour- 
nal, page 472. Hence the practice sometimes resorted to in this State, of C an not be* 
calling on a neighbor to attend a meeting of the local directors, and even of dele & ate «l- 
a township board, is manifestly illegal, and the acts of such boards, which 
depend on the votes of such substituies, are invalid and void. 

(d). A person who is entitled to vote at a township election, may vote voters in sub 
for a director in the sub-district in which he actually resides, however districts, 
recently his residence was acquired. 

(e). See also notes under 3913. 



26 



OHIO SCHOOL LAWS. 



Ch. 4. 



Towuship and Special Districts. 



Meeting of 
directors. 



ing the day and hour of opening, and the hour of closing the 
election; the election shall be held at the usual place of 
holding school meetings in the sub-district, or township which 
is not divided into sub-districts; the meeting shall be organ- 
ized by appointing a chairman and a secretary, who shall act 
as judges of the election ; and the secretary shall keep a poll- 
book and tally-sheet, which shall be signed by the judges, 
and delivered within eight days to the clerk of the township. 
[77 v. 63.1 

Sec. 3918. The directors of each sub-district, two of 
whom shall constitute a quorum, shall meet within five days 
after the second Monday of April each year, at such place as 
may be most convenient in the sub-district, and organize by 
appointing one of their number clerk of the sub-district, who 



Failure to sign 
poll-book and 
tally-sheet. 



Ineligible can- 
didate. 



Wrong initials 
to name. 



Sec. 3917 (a). The officers of an election board cannot, after dissolv- 
ing the board and dispersing, return and perform any official act regarding 
such election. When they have dispersed, they cease to be officers of the 
election — are fundi officio. 21 O. S., 216; 14 O. S., 315. 

[b). When judges and clerks of election fail to sign poll books and 
tally sheets, to fill up blanks in the caption, or to carry out the aggregate 
votes, such omissions and mistakes may be corrected upon the trial of a 
contest, by parol evidence, and when so corrected, the documents, sustained 
by the parol prof f, are competent evidence of the result of the election. 16 
O. S., 184. 

(c). When poll-books are substantially in compliance with law, the 
clerk, and the justices called to his aid, are not authorized to reject the 
same on account of alleged fraud. Phelps vs. Schroder, 26 O. S , 549. 

(d). In case a candidate receiving the highest number of votes at an 
election is ineligible, the next highest candidate is not elected. (See 13 
Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117.) Another election shall 
be provided for, or an appointment be made according to law. 

(e). A person voted for under the name of £. H. Smith, whose name is 
H. E. Smith, there being no such man as E. H. Smith, should have the 
votes counted, if the judges are satisfied that the person H. E. Smith was 
intended. See case of Gates v. Beck with, II W. L. M., 589. 

See, also, State ex rel. Jas. E. Campbell v. Charles Foster, Governor, and 
Charles Townsend, Secretary of State, Ohio Law Journal, Feb. 10, 1883, in 
which the court held : 

"Where the Governor and Secretary of State, under section 2886 of the 
Revised Statutes, in canvassing the returns of votes from a congressional 
district aggregate the votes returned from one county for H. L. Morey, with 
the votes returned from other counties for Henry L. Morey, treating the 
names as designating the same person, a mandamus will not be awarded 
requiring the votes thus aggregated to be counted as given for different per- 
sons, in the absence of an averment that the voces were intended for differ- 
ent persons." 



school officers' guide. 27 

, Township and Special Districts. Ch. 4. 

shall preside at the official meeting of the directors, and 
record their proceedings in a book to be provided for that 
purpose, together with the minutes of the proceedings of the 
annual school meetings held in the sub-district by the elec- 
tors thereof, which shall be a public record; all such pro- 
ceedings, when so recorded, shall be signed by the clerk,; 
the directors may meet as frequently as they deem necessary 
for the transaction of business, and may fill vacancies in the 
office of clerk, or, if the clerk be absent, either of the other 
directors may officiate temporarily in his place; but no busi- 
ness shall be transacted at a meeting of which due notice has 
not been given to each of the directors of the sub-district, 
either personally or by a written notice left at his residence 
or usual place of business. [70 v. 195, § 28.] 

Sec. 3919. If the qualified electors of a sub district, or of How vacan- 
cies in board 
a township not divided into sub-districts, fail to meet and fined. 

elect a director on the second Monday of April in any year, as 

prescribed in this chapter, or if a vacancy occur in the board 

of directors, any three qualified electors of such sub-district or 

township may call a special meeting of the directors thereof 

within ten days after such failure to elect, or the occurrence 

Sec. 3918 (a). As the township board is to organize and do business Organization 
on the third Monday of April, it is quite necessary that the directors organ- of board. 
ize promptly after the day of election. No meeting of such directors is 
legal unless every director has had due notice of it. 

(b). The notice for each meeting must be personal, or in writing, left 
as directed in the law. If the mail should be resorted to, and it could be Notice to 
proved that each member actually received notice, it might be held suffi- 
cient. The presumptions are against such procedure, and the burden of 
proof would certainly be on the party affirming such sufficiency. 

(c). Though a member may be out of town, it would appear that action 
done without leaving the notice as required, would be illegal and invalid. 
16 Maine, 185. 

(d). In the absence of the duly elected clerk, at any legal meeting of filerkpro 
the directors, a clerk pro tern, may be appointed. Such appointment does 
not make him a member of the township board. 

(e). No pretended or attempted acts of a board of education or of a 
local board of directors, has any legal validity whatever, except as they are ^transacted 5 
performed by the board in its organized capacity, its acts beingduly recorded at meeting. 
on its journal. The board is one organized body and not even an aggregate 
of three or six men, whose separate acts performed at different times and 
places, will constitute a legal act in any sense, nor for any purpose requiring 
official sanction. 22 O. S., 144 ; 25 Mich., 483. 

(/). As to contest of elections, see notes to sections 3906, 3987, etc. 



28 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



of such vacancy, for the purpose of electing a director, on first 
giving five days' notice in writing of the time and place of 
holding such meeting, by posting the same in three of the 
most public places in the sub-district or township; the 
director elected at such meeting shall hold his office for the 
unexpired term to be filled, and until the election and quali- 
fication of his successor ; and if there be a failure to hold such 
general election, or the special election provided for in this 
section, the township clerk shall appoint some suitable resi- 
dent of the sub-district to act as director until the next elec- 
tion, and until the election and qualification of his successor. 
[70 v. 195, § 20.] 

Sec. 3920. The board of education shall hold regular 
sessions on the third Monday of April and the last Monday of 
August in each year, at the usual places of holding township 
elections, or at such place in the immediate vicinity thereof 
as may be convenient, for the transaction of business, and 
may adjourn from time to time, or hold special meetings at 
any other time or place within the township, as it deems 
desirable, for the transaction of business; which special 
meeting may be called by the township clerk, by the presi- 
dent of the board, or by two or more members of the board, 
but each member of the board must be duly notified thereof 
personally, or by written notice left at his residence or usual 
place of business. 70 v. 195, § 31 ; 86 v. 346.] 
Map of town- Sec. 3921. A map of each township district shall be 

change of sub- prepared by the board, as often as it may deem necessary, in 
which shall be designated the numbers and boundaries of the 
sub-districts thereof; the board may at any regular session, 
increase or diminish the number, or change the boundaries of 
sub districts; but no sub-district shall contain lees than 



Computation 
of time. 



General re- 
quirements as 
to notice, etc. 



Sec. 3919 (a). When the time is calculated from an act done, th e 
whole day on which the act is done is included; but if the calculation be 
from the day itself, then the day is excluded. 

(6). As to what a notice must contain, see notes to section 3991. 

(c). The term election implies a choice of a qualified person to an office 
by an electoral body, at the time, and substantially in the manner, and with 
the safeguards provided by law, to prevent surprise upon the electoral body. 
15 O. S., 534. 

Sec. 3920. The adjourned meetings of a regular session are regular 
meetings. 



SCHOOL OFFICERS GUIDE. 29 



Township and Special Districts. Ch. 4. 



sixty resident scholars by enumeration, except in cases where, 
in the opinion of the board, it is necessary to reduce the 
number; and any sub-district which may be established by 
act of the general assembly shall be governed by the pro- 
visions of this title, except that it cannot be changed or con- 
solidated by the board within three years after its formation, 
unless the written consent of two-thirds of the electors resid- 
ing in the territory affected by such change is obtained. [75 
v. 120 § 32.J 

Sec. 3022. When the board consolidates two or more Election in 
sub districts into a new sub-district, or establishes a new " r e icts? nb " fUs ~ 
sub-district in any other way, it shall call a special meeting 
of the qualified electors resident in the new sub-district, for 
the purpose of electing directors for the same; at least five 
days before the time fix^d for the meeting the board f-hall 
post, in three of the most public places in the new sub- 
district, written or printed notices, stating time, place, 
and object of holding the meeting; the election shall be con- 
ducted as provided in this chapter, and three directors shall 
be elected, one to serve for one year, one for two year?, and 
one for three years from the annual meeting next preceding 
the organization of the new sub-district ; and the terms of 
office of the directors of sub districts so consolidated shall ex- 
pire at the time such new sub-district is created. [75 v. 120, 
§32.J 



Sec. 3921. The term "sub-district," as used in section 1 of this sup- 
plementary act of April 9, 1867 (64 v. 117), does not include the subordinate existoniy'fn 
territorial divisions of separate school districts into which a city or village township dis- 
may be sub-divided, but applies exclusively to township or county sub- 
districts. [Anders v. Spargur, 19 O. S., 577.] 

Sec. 3922 (a). The attaching of a territory composing a sub-district to Effect of at- 
adjacent sub-districts by a township board of education, under section 32 of jj acmn S terri- 
the act of May 1, 1873 (70 v. 203), is not a consolidation of two or more sub- 
districts into a new sub-district, within the meaning of said section, but is a 
change or alteration of the boundaries of the sub-districts ; and the offices of 
local directors in the sub-district to which such territory is attached are not 
thereby vacated. [State v. Gibbs, 25 O. S., 256.] 

(b). In case of consolidation of sub-districts, members of local boards 
continue to serve and the clerks remain in the township board, until the 
actual election and qualification of the new board. 21 O. S., 339. 



3Q 



OHIO SHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



SPECIAL DISTRICTS. 



Board of spe- 
cial district- 
how consti- 
tuted, and 
how increased, 



Election of 
members. 



Notice and 
conduct of 
election. 



Sec. 3923. The board of education of each special dis- 
trict shall consist of three members, who shall be residents of 
the district, and have the qualifications of an elector therein ; 
and when the electors of any special district, the board of 
education of which consists of three members, desire that the 
board shall consist of six members, they may make such 
change in the same manner as provided for city districts of 
the second class and village districts, in section thirty-nine 
hundred and eleven. [70 v. 195, § 22.] 

Sec 3924. There shall be elected annually, by ballot, on 
the second Monday of April, in each special district, by the 
qualified electors thereof, at the usual time and place of hold- 
ing school elections in such district, one judicious and com- 
petent person to serve as member of the board for three years 
from the first Monday succeeding his election, and until the 
election and qualification of his successor ; but in special 
districts hereafter established, the first election for members 
of the board shall be held within twenty days after such 
establishment, at least five days' previous notice of which, 
stating the time and place of meeting, and signed by at least 
three electors of the district, shall be posted in three of the 
most conspicuous places in the district ; at such meeting a 
chairman and clerk shall be chosen, and there shall be elected 
three members of the board, one to serve until the third 
Monday of April next succeeding his election, and one to 
serve for one year, and one for two years from said third Mon- 
day, and each to serve until the election and qualification of 
bis successor. [71 v. 57, § 23 ; 75 v. 120, § 19 ] 

Sec. 3925. The clerk of the district shall post written or 
printed notices, in three or more conspicuous places in the 
district, at least six days prior to the day of election, desig- 
nating the day and the hour of opening and closing the elec- 
tion ; and the election shall proceed, and a return thereof be 
made, in the manner provided for elections in village dis- 
tricts, and shall continue at least two hours. [71 v. 57, § 24.] 



Sec. 3924. If not held on the day fixed by law, see note on sec. 391t-. 
Sec. 3925. Notice on the first for an election on the sixth, is not suffi- 
cient. See note on sec. 3909. 



SCHOOL OFFICERS GUIDE. 3 1 

Township and Special Districts. Ch. 4. 

Sec. 3926. When the electors of a special district desire ?. ow ..s?f c ¥ 

* districts aban- 

to abandon their organization, and become a part of the doned - 
township district of the township in which such special dis. 
trict is located, they make the change in the following man- 
ner : Written or printed notices shall be posted in at least 
five of the most public places in the district, signed by a 
majority of the members of the board of education, or one of the 
board and at least six resident electors of the district, request- 
ing the qualified electors thereof to assemble on a day, and at 
an hour and a place, designated in the notices, which notices 
shall be posted at least ten days prior to the day designated 
in them, then and there to vote for or against such change • 
the electors, when assembled at the time and place desig- 
nated in the notices, shall appoint a chairman and two 
clerks, who shall be judges of the election, which shall con- 
tinue at least two hours; those in favor of the proposed 
change shall have written or printed on their ballots the 
words "School — change," and those opposed thereto the words 
"School — no change," and a majority of the ballots cast shall 
determine the question whether the change shall be made ; 
the judges shall within five days after the election, make due 
return thereof to the board of education of the district; and if 
a majority of the votes cast are in favor of the change, the 
board shall immediately certify that fact to the township 
board, which shall thereupon assume jurisdiction of the terri- 
tory, property, and affairs ^of the special district, and there- 
after^treat such district as a sub-district of the township dis- 
trict. [72 v. 27, § 25.] 

Sec. 3927. The members of the board of education of 
the special district shall be directors of the sub-districts so ttabowdto 
created, for the remainder of the terms for which they were t^Tdisposf- 
elected respectively; the clerk of the special district board erty,et<? ° 
shall deliver to the clerk of the township board all the books 
and papers of the special district in his custody, and notify 
the county auditor, in writing, of the abandonment of the 
organization of the district ; the treasurer of the special dis- 
trict board shall deliver to the treasurer of the township 

Sec. 3926. The general rule in computation of time ivithin which an 
act is to be done is to exclude the first day and include the last. [Am. Law 
Register, N. S. X 36 ; 16 O. S., 208, 209.] 



32 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



board all the books, papers, and money of the special district 
in his possession; the township board shall complete all 
unfinished business pertaining to the special district; any 
debt contracted by the special district board shall be paid out 
of the money transferred to the treasurer of the township 
board, as herein provided, and money arising from taxes 
levied by the special district board ; and if sach funds are in- 
sufficient therefor, the remainder shall be paid by a special 
tax upon the property of the sub district so created. [72 v. 
27,§2\] 



CHAPTER 5. 



JOINT SUB-DISTKICTS. 



Section 
3928. Township boards may establish 
by mutual agreement. 

How" the school governed and 
supported. 

Further provisions for establish- 
ment. 

May be established on petition. 

What petition to contain. 

Clerks to give notice of filing, etc. 

When petition may be filed with 
probate judge. 

Security for costs to be given. 

Time and place of meeting of 
commissioners. 

Publication of notice. 

Commissioners to be appointed. 

Oath and duties of commission- 
ers. 



3929. 

3930. 

3931. 
3932. 
3933. 
3934. 

3935. 
3936. 

3937. 

3938. 
3939. 



Section 

3940. Clerks to have present plats and 

papers. 

3941. The report of the commissioners. 
3941a. When local board may desig- 
nate site for school-house. 

3942. The effect of the report. 

^ J43. Judgment for costs : what fees al- 
lowed. 

3944. Report and judgment for sub- 

district. 

3945. How costs paid in such cases. 

3946. Petition for other purposes. 

3947. Proceedings thereon. 

3948. When such petition may be filed 

with probate judge. 

3949. Election, duties, etc., of directors. 

3950. Power to change joint sub-districts 

limited. 



Township 
boards may 
establish by 
mutual agree- 
ment. 



Section 3928. When the better accommodation of 
scholars makes it desirable to form a sub-district, composed of 
parts of two or more townships, the boards of education of 
the townships interested may, by mutual agreement, at a 
joint meeting held for the purpose, establish the same, and 
fix the boundaries thereof; if there is no suitable school- 
house within such boundaries, or if there is one, but it is not 



Mutual con- 
sent. 



Teacher, where 
examined. 



Section 3928 (o). [Mutual agreement implies consent of each board 
interested; that is, it requires a majority of a quorum of each board to form 
a joint sub-district. 

{b). Joint sub-districts can be established only by a transfer of terri- 
tory. The teacher thereof must hold a certificate from the board of exami- 
ners of the county in which the school-house is situated.] 

(c). These proceedings should be carefully recorded. See note (e) to 
section 3914. 



SCHOOL OFFICERS GUIDE 4 S3 

Joint Sub-districts. Ch. 5. 

suitably located, the board shall designate a site whereon to 
erect such building; but if there is a suitable school-house 
within such boundaries, properly located, the school shall be 
held therein; a chairman and secretary shall be chosen, at 
such meeting, and the secretary shall make a memorandum 
of the proceedings had thereat; a copy of such memorandum, 
signed by the chairman and secretary, shall be transmitted 
to the clerk of each of the boards, who shall record the same 
in his record of proceedings of the board; and the secretary 
shall transmit a like copy of the proceedings to the auditor 
of each county having territory embraced in the sub-district. 
[70 v. 195, § 34 ] 

Sec. 3029. The school in a joint sub-district shall be how the 
under the control of the board of education in the township erned and 

i>ii • • i ■ i i supporied. 

in whiah the school house is situate, of which board the 

director who is clerk of the joint sub-district shall be a mem- 
ber ; but such school shall be supported from the school funds 
of the townships having territory in the joint sub-district, in 
proportion to the enumeration of j'outh, as provided in sec. 
tions thirty-nine hundred and sixty-one and thirty-nine hundred and 
sixty two. [75 v. 84, § 35.] 

Sec. 3930. Joint sub districts may be established also in Further P ro- 

^ . visions lor es- 

the manner provided in succeeding sections of this chapter. tabiishmem. 
Sec. 3931. Three or more qualified electors, resident of Maybeestab- 

1 hshed on pe- 

the territory sought to be included therein, may apply, in tttton. 
writing, to the board of education of any township wherein 
any part of the territory is situate, for the creation thereof. 
[75 v. 120, § 1.] 

Sec 3932. The petition shall describe the territory what petition 

J to contain. 

sought to be included in the joint sub-district, may set forth 
the reasons requiring the creation thereof, and shall be filed 
with the clerk of the board cf education to which it is 
addressed. [75 v. 120, § 2.] 

Sec. 3933. Upon the filing of such petition, such clerk 

• i • • Clerks to g 

shall forthwith give notice thereof, in writing, to the mem- notice of fii- 

& ' & ' ing.etc. 

Sec. 3929 (o). "Shall be a member," let him live in which township 
he may. 

(6). No money will be contributed from a township which has no 
youth enumerated within the joint sub-district, 

3 



34 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



When petition 
for joint sub- 
district may 
be tiled with 
probate judge, 



Security for 
costs to be 
given, 



Time and 
place of meet- 
ing of commis- 
sioners. 



Publication of 
notice, 



bers of the board of which he is clerk, which notices shall 
name a suitable and convenient place, and a day and hour, for 
the boards to meet : he shall also transmit a like notice, forth, 
with, to the clerks of all other boards of education having 
jurisdiction over any of the territory sought to be aGected; 
and such clerks, upon the receipt of such notice, ehall in like 
manner give notice forthwith of the filing of such petition, 
and of the time and place of meeting, to each member of their 
respective boards. [75 v. 120, § 3.] 

Sec, 3934. It shall be the duty of such boards to meet- 
and consider the petition within thirty days from the time 
the same is filed, but if they do not do so within bixty days 
from such time, or having met, established, or determined not 
to establish a joint sub-district, three or more electors of the 
territory sought to be included therein may file a petition or 
remonstrance, for or against the same, with the probate judge 
of the county ; and if the territory sought to be iucluded there- 
in is situated in two or more counties, the petition may be filed 
with the probate judge of either county. [75 v, 120, § 4; 
78 v. 8.] 

Sec. 3935. The petitioners shall also file with the pro- 
bate judge the undertaking of one or more of their number, 
with security to the satisfaction of the judge, in the sum of 
one hundred dollars, conditioned that the petitioners will pay- 
all the cost of a proceeding if a joint sub district be not estab- 
lished thereby. [75 v. 120, § 5.] 

Sec. 3936. Upon the filing of such petition and under- 
taking, the judge shall fix a time, not more than sixty days 
thereafter, and a place, which shall be the school-house upon 
the territory, if there is one thereon, and if there is more than 
one school-house thereon, then the house last built, and if 
there is no school-house thereon, then some convenient place 
within the territory, for the meeting of the commissioners 
hereinafter directed to be appointed. [75 v. 120, § 6.] 

Sec. 3937. The judge shall thereupon cause to be pub- 
lished, for four consecutive weeks, in two newspapers of oppo- 
site politics, printed and of general circulation in the county 
where the petition is filed, notice of the filing of cuch petition, 
and of the time and place of meeting of the commissioners. 
[75 v. 120, § 7.] 



SCHOOL OFFICERS GUIDE. 



35 



Joint Sub-districts. 



Ch. 5. 



Sec 3938. The judge shall also make an order appoint- 
ing three judicious, disinterested men of the county, and not 
residents of either of the townships to be affected, to be com- 
missioners, and to act in the premises; if a person so appointed 
die, or fail from any cause to be present and to act, or if he 
give notice of his inability to serve, the judge shall forthwith, 
by order, appoint another in his stead, who may act as if he 
had. been originally appointed : and the judge shall deliver a 
copy of the petition and his order to the commissioners, and 
shall instruct them in the law applicable to such proceed- 
ings. [75 v. 120, § 8.] 

Sec 3939. The commissioners shall take an oath to dis- 
charge faithfully the duties r-quired by this chapter, accord- 
ing to the best of their knowledge and understanding, aod 
shall meet at the time and place named in the published no- 
tice, may examine witnesses under oath, which may be 
administered by one of their own number, and consider and 
determine the question whether a joint sub-district ought to 
be established. [75 v. 120, § 9.J 

Sec. 3940. The clerk of the several boards of education 
interested shall be present at the meeting of the commission- 
ers, and have with them the plats of the several townships, 
with the lines of the several sub-districts marked thereon, 
and such other papers and documents as will serve to inform 
the commissioners, and give them a correct idea of the wants 
of the petitioners. [75 v. 120, § 10.J 

Sec 3941. The commissioners shall report, in writing, 
to the probate judge: 

1. Whether or not a joint sub-district ought to be estab- 
lished, and their reasons therefor. 

2. If the} 7 find in favor of the establishment of a joint 
sub district, they shall give the lines and a plat thereof; 
they may also change the lines of the sub-district proposed in 
the petition, by including therein other territory, or exclud- 
ing territory included therein, or both ; and if there is no 



Commission. 
era to be ap- 
pointed. 



Oath'and du- 
ties of com- 
missioners. 



Clerks to have 
present plats 
and papers. 



The report of 
the commis- 
sioners. 



Sec. 3934. The petition i^ rirst to go to the board of education and Petition mus;t 
only in case of there being three persons who are to be affected by the neg- be first pre- 
lect of the board to act; or by their establishment of, or determination not board, 
to establish such joint sub-district, can the petition or remonstrance go to 
the probate judge. 



$6 OHIO SCHOOL LAWS. 



Ch. 5. Joint Sub-districts. 



suitable school-house within such boundaries, or, if there is 
one, but it is not suitably located, they shall designate a site 
whereon to erect such building. [75 v. 120, § 11.] 

toTelfgnltt 018 Sec. 3941 a. Where, in any joint sub-district heretofore 

housef sch ° o1 established by proceedings in the probate court, there is no 
suitable school-house, and no site has been designated where- 
on to erect such building, the local directors, or a majority of 
them, of such joint sub-district, are hereby authorized 
and required to designate a site for such school-house, and 
report the same to the clerks ot the boards of education of the 
several townships having territory in such joint sub-district. 
And the board of education of the township in which such 

cation to es- u school-house site is located, shall, at its next meeting there- 
after, at which it may make the annual estimates and levies 
for school purposes, make the necessary estimate to purchase 
such school-house site, and to erect and furnish a suitable 
school-house thereon, according to the provisions of section 

b r ard e Mi SS if thirty-nine hundred and sixty-one. And if such board of educa- 
tion fail to make and report such estimate, to the county 
auditor before the first Monday of June next thereafter, the 
county commissioners of such county shall, at the request of a 
majority of the local directors of such joint sub-district, make 
such estimate and levy and report at the same time to the 
county auditor. And such levy shall be made and the money 
collected in like manner as the funds are levied and collected 
for other joint sub-districts. [80 v. 62.] 

Tj^effectof g EC> 3942. The report of the commissioners, if against 

the establishment of a joint sub-district, shall be a bar to any 
proceeding to etablish a joint sub-district out of any of the 
territory described in the petition for three years; and if the 
report be in favor of the establishment of a joint sub-district, 

Sec. 3942. There is little reason to suppose that the word "final" is 
intended to mean any more than it would mean, in case the boards of edu- 
cation had themselves proceeded to complete the formation of a joint sub- 
district. It becomes, by this act of the commissioners, an established joint 
Dissolution of sub-district, ready for the completion of its organization by the election of 
district. ' directors and the erection of a school-house on the site designated by the 

commissioners. In case the legislature had established the district, a board 
could not, of course, repeal its act. If the boards had formed it, they could 
dissolve it. It is, no doubt, in the same condition it would be in had the 
boards formed it. 



SCHOOL OFFICERS GUIDE. 37 



Classification and Change of Districts. Ch. 1. 

it shall be final, unless set aside by the probate court for 
fraud. [75 v. 120, § 12.] 

Sec. 3943. If the report be against the establishment of ££f$£ t for 
a joint sub-district, the judge shall render judgment against fees allowcd - 
the petitioners for all the cost of the proceeding; and the 
commissioners and the judge shall receive the same fees as 
are authorized to be charged for like services in proceedings to 
establish roads, and such other fees as are authorized by law. 
[75 v. 120, § 13.] 

Sec. 3944. If the report be in favor of the establishment 82jj££^ 
of a joint sub-district, the judge shall make an entry con- subdistrict - 
firming^the same; and a certified copy of the report, includ- 
ing the plat and his order, shall be delivered to the clerk of 
the board of education of each township interested therein, 
and thereafter such joint sub-district shall be fully estab- 
lished, and it shall be governed and controlled in the same 
manner as joint sub-districts otherwise established. [75 v. 
120, § 14.] 

Sec 3945. In such case the judge shall tax the costs of 
the proceedings to the board of education of the several m°such S cas P e ai 
townships interested, in such proportion as he may deem 
just and equitable, and certify the same to the clerks of such 
boards; and the boards shall be liable therefor, and at the 
first regular or special meeting of each thereafter payment of 
the amount so taxed to it shall be ordered. [75 v. 120, § 15.] Petition for 

Sec. 3916. A petition may, in like manner, be filed such P ur P° ses - 
with the clerk of the board of education of any township, 
praying for the creation of an additional sub-district, or for 
changing the lines of sub-districts, or for the creation of a 

Sec. 3945. Concerning the record of these proceedings see note (c) to 
section 3914. 

Sec. 3946 (a). The petition is not applicable to a case in which it is 
sought to change the boundaries between two special or two village or city 
districts, or between a special and a village or city district. It pertains cable when, 
only to cases in which the boundaries of a sub-district are in some way to 
be affected, as only in such cases has the township board jurisdiction. But> 
according to section 3893, the boards of education having the management 
of such special, village, or city districts may transfer their territory from 
one to the other. Ham. Co. Com. Pleas, Boards of Ed'n Sycamore Tp. v. 
Henry C. Bo wen et al. 

(b). As to what matters public notices must contain, see notes to sec- 
tion 3991. 



38 oino school laws. 



Ch. 5. Joint Sub.istricts. 



Proceedings 
thereon. 



special school district, or for changing the lines of special 
or village districts, and adjoining sub-districts; but when a 
special or village district is interested in such proposed 
change, the petition may be filed either with the clerk of the 
township board, or the clerk of the board of education of suc'i 
special or village district ; and when any such lines have 
been so changed, they shall not be altered by any board or 
boards of education until after the expiration of three years, 
except upon the written consent of two thirds of the electors 
residing within the territory affected by the change. [75 v. 
120, § 16.] 

Sec. 3947. Such petition may be filed with the clerk of 
the board of education of such special or village district, with 
the clerk of.the board of education of the township, or, if the 
changes sought by the petition affect territory in more than 
one township, with the clerk of the board of education of 
either township; and, upon the filing thereof, the members of 
the board or boards interested shall be notified, as provided 
in section thirty-nine hundred and thirty three. [75 v. 120, § 17.] 
?ec. 3948. It shall be the duty of such board or boards 
befliea n ^th to meet and consider the petition within thirty days from 
probate judge. t , Qe ^ me ^g same j s filed, but on failure to do so within sixty 
days of such time, or if the board or boards meet and grant, or 
refuse to grant, the prayer of the petition, a petition or a 
remonstrance may be filed with the probate judge of the 
county, by either party, as provided in section thirty-nine hun- 
dred and thirty four; and, thereafter, such proceedings may be 
had thereon, and they shall have the same effect as is herein 
provided for the formation of joint sub districts. [75 v. 120, 
§18; 78 v. 9.] 

Sec. 3949. Directors of joint sub-districts shall be elect- 



when such 



tie^eta.'of 1 ed at the same time, in the same manner, and for the same 
term, as directors of other sub-districts, and shall organize at 
the same time, and in the same manner, have the same 
powers, perform like duties, and be subject to the same pen- 
alties; but in such sub-districts hereafter established, the 
first election shall be held within twenty days after such 
establishment, at least five days' previous notice of which, 
stating the time and place of meeting, and signed by at least 
three electors of the sub-district, shall be posted in three of 



SCHOOL OFFICERS GUIDE. 



Joint Sub-districts. Ch. 5. 



the most public places in the sub-district; and at such meet- 
ing a chairman and clerk shall be chosen, and there shall be 
elected three directors, one to serve until the third Monday of 
April next succeeding his election, and one to serve for one 
year and one for two years from said third Monday, and until 
the election and qualification of their successors. [70 v. 195, § 
34; 75 v. 120, § 19. J 

Sec. 3950. No joint sub-district which is now organized, power to 
or may hereafter be organized, shall be dissolved, changed or sub-districts. 
altered, unless by the concurrent action of the boards of edu- 
cation of the several townships having territory included 
therein; provided, however, that when any board of educa- 
tion, in a joint sub-district desires to dissolve, change or 
alter the same, the board of education desiring such dissolu- 
tion, change or alteration, shall notify, in writing, the boards 
of education interested, of the time when they will meet to 
consider the proposed dissolution, change or alteration. The 
place of meeting shall be the school-house in such joint sub- 
district; but if there be none, then at some convenient place 
in the vicinity of such joint sub-district. If the joint boards 
fail to meet, or having met, cannot agree upon a dissolution, 
change or alteration, as the case may be, then the board of 
education desiring such dissolution, change or alteration, 
may appeal to the probate court of the proper county, 
and the same proceedings shall be had as in case 
of appeals in the formation of joint sub-districts, so far 
as applicable, as provided in sections 3935, 3936, 3937, 3938, 

ProccGcliiiETS to 

3939, 3940 and 39-41 ; and any joint sub-district established by effect change, 
proceedings in the probate court may be dissolved, changed or 
altered, as provided in this section, at any time after the 
expiration of five years, or the court may dissolve the same at 
any time upon being petitioned to do so by two-thirds of the 

Sec. 3950. Where a joint sub-school district is established by the pro- 
bate court under the provisions of sections 3930 to 3950, inclusive, of the Re- 
vised Statutes, and the judgment of said court remains in full force and un- 
reversed, an action by the board of education of the township in which such 
joint sub-district is established, to enjoin the county commissioners from 
levying a tax to support the same, can not be maintained. The judgment 
of the probate court is final, unless reversed for error or set aside for fraud. 
Board of Education of Washington township, Darke county, vs. John H. 
Stuck et al. 39 O. S., 259. 



40 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



voters residing in the district which is affected by the change, 
when the best interests of the school demand such dissolu- 
tion, change or alteration. [77 v. 186; 81 v. 211; 84 v 117; 
86 v. 211.] 



CHAPTER 6. 
SCHOOL FUNDS. 



The "state 
common 
school fund. 1 



Interest on 
proceeds of 
salt and 
swamp lands. 



Section 
3051. The "state common school fund." 
3952. Interest upon proceeds of salt and 
swamp lands. 

The "common school fund." 

Accounts of common school fund 
— how kept, etc. 

Bequests, etc., in trust for com- 
mon school fund. 
3956. Apportionment of school funds 
hy auditor of state. 

To what county common school 
fund paid when county line 
divides original surveyed 
township. 

Estimate and levy for contingent 
fund. 

Limitation as to levy for contin- 
gent fund. 

Estimate to be certified to county 
auditor. 

Contingent fund for joint sub- 
district. 



3953. 
3954. 



39"..". 



3957. 



3958. 
3959. 



3960. 

3961. 



Section 

3962. Same when county line divides 

such sub-district. 

3963. Funds of district composed of ter- 

ritory in more than one county. 

3964. Apportionment of school funds by 

county auditor. 

3965. Distribution of money after ap- 

portionment. 

3966. Apportionment of common school 

fund by county auditor when 
county line divides original 
surveyed township. 

3967. Apportionment of contingent fund 

by boards of education. 

3968. How contingent fund to be applied 

in Toledo. 

3969. County commissioners to levy con- 

tingent fund when board neg- 
lects. 

3970. County auditor to collect fines, 

etc., and inspect section sixteen 
accounts. 



Section 3951. For the purpose of affording advantages 
of a free education to all the youth of the state, there shall be 
levied, annually, a tax upon the grand list of taxable proper- 
ty of the state, which shall be collected in the same manner 
as other state taxes are collected, and the proceeds of which 
shall constitute the " state common school fund ; " the rate of 
such levy shall be designated by the general assembly at least 
once in two years ; and if the general assembly fail to desig- 
nate the rate for any year, the same shall be one mill 
upon each dollar of valuation of such taxable property. [70 
v. 195, § 126.] 

Sec. 3952. The state shall pay interest annually, at the 
rate of six per cent, per annum, upon all money which has 
been paid into the state treasury on account ot sales of lands 
commonly called " salt lands, " and upon all money hereto- 
fore paid, or which may hereafter be paid into the state treas- 
ury on account of sales of swamp lands granted to the state of 
Ohio by act of congress; the money received from such sales 
shall constitute an irreducible debt of the state ; and the 



SCHOOL OFFICERS GUIDE. 4-1 

School Funds. Ch. 6. 

interest shall be apportioned annually on the same basis as 
the state common school fund is apportioned, and distributed 
to the several counties as provided in section thirty nine hun- 
dred andfijty six. [70 v. 195, § 132 ; 49 v. 40, § 1.] 

Sec. 3953. The money which has been and may here- The "common 

, . , . - rir school fund.'' 

after be paid into the state treasury on account ot sales ot 
lands granted by congress for the support of public schools in 
any original surveyed township, or other district of country, 
shall constitute the "common school fund," of which the 
auditor of state shall be superintendent, and the income of 
which shall be applied exclusively to the support of common 
schools, in the manner designated in this chapter. [70 v. 
195, §§ 127. 128.] 

Sec. 3954. The common school fund shall constitute an Accounts of 

common 

irreducible debt of the state, on which the state shall pay in- f^tept n ete; 
terest annually, at the rate of six per cent, per annum, to be 
computed for the calendar year, and the first computation on 
any payment of principal hereafter made to be from the time 
of payment to and including the thirty-first day of December 
next succeeding; and the auditor of state shall keep an 
account of the fund, and of the interest which accrues there- 
on, in a book or books to be provided for the purpose, with 
each original surveyed township and other district of 
country to which any part of the fund belongs, 
crediting each with its share of the fund, and showing the 
amount of interest thereon which accrues and the amount 
which is disbursed annually to each. [70 v. 195, §§ 128, 129.] 

Sec. 3955. When any grant or devise of land, or any Bequests, etc 

-, , . ~ , , , .in trust for the 

donation or bequest ot money or other personal property, is common 

. school fund. 

made to the state of Ohio, or to any person, or otherwise, in 
trust for the common school fund, the same shall become 
vested in said fund; and when the money arising therefrom 
is paid into the state treasury, proper accounts thereof shall 
be kept by the auditor of state, and the interest accruing 
therefrom shall be applied according to the intent of the 
grantor, donor, or devisor. [70 v. 195, § 131.] 

Sec. 3956. The auditor of state shall apportion the state , 

r r Apportion- 

common school fund to the several counties of the state semi- mem of school 

funds by audi- 

annually, upon the basis of the enumeration of youth there- torofstate - 
in, as shown by the latest abstract of enumeration transmitted 



42 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



to him by the state commissioner of common schools; before 
making his February settlement with county treasurers, he 
shall apportion such amount thereof as he shall estimate to 
h ive been collected up to that time, and, in the settlement 
sheet which he transmits to the auditor of each county, shall 
certify the amount payable to the treasurer of his county ; be- 
fore making his final settlement with county treasurers each 
year, he shall apportion the remainder of the whole fund col- 
lected, as nearly as the same can be ascertained, and in the 
August settlement sheet which he transmits to the auditor of 
each county; shall certify the amount payable to the treas- 
urer of his county; in each February settlement sheet he 
shall also enter the amount of money payable to the county 
treasurer on the apportionment of interest specified in section 
thirty-nine hundred and fifty two ; he f^hall also enter in each 
February settlement sheet the amount of money payable to 
the county treasurer on account of interest for the preceding 
year on the common school fund, and designate the source or 
sources from which the interest accrued; he shall transmit 
with each February settlement sheet a certified state- 
ment, showing the amount of interest derived from 
the common school fund payable to each original 
surveyed township or other district of country with- 
in the county; and the treasurer of each county shall, at 
each semi-annual settlement with the auditor of state, retain 
in the county treasury, from the state taxes collected by him, 
the amount of the funds herein mentioned shown by the 
settlement sheet of the auditor of state to be payable to him 
at that time; but if such amount for any county exceeds the 

Sec. 3956 (a). By section 4036 the county auditor is authorized to 
employ a t proper person to take the enumeration in any district whenever 
the same is not taken as required by law, and section 4038 makes the clerk 
liable for all damage or loss accruing to any school district by his neglect 
to cause such enumeration to be taken and returned to the county auditor. 

(6). The Auditor of State apportions these funds to the several coun- 
ties, and certifies the same to the county auditors, and they apportion them 
to the school districts in the county, giving the clerks and treasurers of 
school districts a copy of such apportionment, and giving orders on the 
county treasurer for the amounts so apportioned, and taking their receipts 
therefor. 

(c). All fines, etc., collected and paid into the county treasury should 
be disbursed to the proper school districts in the same manner. 



SCHOOL OFFICERS GUIDE. 



43 



School Funds. 



Ch. 6. 



amount of state taxes collected therein, the auditor of state 
shall draw an order on the treasurer of state, in favor of the 
treasurer of such county, for the balance of school funds due 
his county, and transmit the same to such county treasurer, 
and the treasurer of state shall pay such order upon its pre- 
sentation to him. TTO v. 195, §§ 120, 130.] 

Sec. 3957. If parts of an original surveyed township or 
fractional township are situate in two or more counties, the 
amount of interest on common school fund due to such town- 
ship shall be paid in the manner provided in the last section, 
to the treasurer of the county wherein the greatest relative 
portion of such township is situate ; but if it be uncertain in 
which county such portion is situate, the amount of interest 
due to such township shall be paid to the treasurer of the 
oldest county in which any part of the township is situate. 
[70 v. 195. § 130.] 

Sej. 3958. Each board of education shall, annually, at a 
regular or special meeting, to be held between the third Mon- 
day in April and the first Monday in June, determine by 
estimate, as nearly as practicable, the entire amount of money 
necessary to be levied as a contingent fund for the continu- 
ance of the school or schools of the district, after the state 
funds are exhausted, to purchase sites for school-houses, to 
erect, purchase, lease, repair, and furnish school-houses, and 
build additions thereto, and for other school expenses. [75 
v. 526, § 56 ; 75 v. 101, § 4 ; 80 v. 17, 124 ; 81 v. 177.] 



To what coun- 
ty common 
school fund 
paid when 
county line di- 
vides original 
surveyed 
township. 



Board of edu- 
cation to make 
estimate for 
expenses. 



Sec 3958 (a). "It is a general rule that statutes, so far as they limit 
a time for the performance of an act by a public officer, for the public bene- 
fit, are merely directory, when time is not the essence of the thing to be done, 
unless there are negative words, and the act is valid if done afterwards. 

(6). "A notice, by a clerk of a board of education, of a tax voted by 
the board, to build a school-house, delivered to the auditor on the 11th day 
of June, is sufficient authority to the auditor for carrying the tax into his 
duplicate." II. Western Law Monthly, page 589. 

(c). Tuition from non-resident pupils is to be paid to the board of ed- 
ucation, and disbursed like other contingent funds. Neither the teacher nor 
the local directors have any authority to retain or to pay out such funds. 

(d). The term "Contingent Fund" is used to designate the local levy> 
because the amount ol it is contingent on the difference between the wants of 
the district and the amount of State funds received. It includes both the 
amount levied for the payment of teachers, and that for building, repairs, 
and other expenses. The language of this section and that of section 3967 
seems to imply that the State funds are to be used only for the payment of 
teachers. 



Statutes when 
directory. 



When tax may 
he placed on 
duplicate. 



Tuition of 

non-resident 

pnpils. 



What the con- 
tingent fund is. 



44 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



Amount of 
levy 



Estimate to be 
certified to 
county au- 
ditor. 



Contingent 
fund of joint 
sub-district. 



Sec. 3959. Such estimate and levy shall not exceed, in 
cities of the first grade of the first class, three and one fourth 
mills, provided, however, that the boards of education in said 
cities may levy one mill additional for every five thousand 
pupils over and above twenty-five thousand enrolled in the 
public schools of said cities, which levy, however, shall in no 
case exceed four mills; and in cities of the second'grade, first 
class, five mills; and in all other districts, seven mills on 
each dollar of valuation of taxable property. [61 v. 63, § 2; 
63 v. 15, § 1 ; 75 v. 101, § 4; 75 v. 526, § 56; 79 v. 80; 80 v. 
124; 81 v. 177.] 

Sec. 3960. The amount so estimated the board shall cer- 
tify, in writing, on or before the first Monday in June in 
each year, to the auditor of the county to which the district 
belongs, who shall assess the entire amount upon all the tax- 
able property of the district, and enter it upon the tax list of 
the county, and the county treasurer shall collect the same, 
at the same time and in the same manner as state and county 
taxes are collected, and pay it to the treasurer of the district, 
upon the warrant of the county auditor ; and unless he is 
paid a fixed salary, he shall receive one per centum on all 
money so collected, and no more. [70 v. 195, §§ 57, 58. J 

Sec. 3961. For a joint sub-district the estimate required 
by section thirty-nine hundred and fifty eight shall be made by 
the board of education having control of the school thereof, 
and apportioned to the several townships having territory 
therein in proportion to the enumeration of youth in the ter- 



Levy voted by 
electors. 



Boards liable 
for failure; to 
provide school 
advantages. 



Transfer of 
joint sub-dis- 
trict funds. 



Sec. 3960 (a). The board must also certify any additional amount 
for building or other purposes which may have been voted at a special 
meeting of electors, and so required to be certified in Sec. 3992. 

The board may certify the amount of money, not rates of levy. 

If the certificate is sent in after the day, the auditor is still to levy the 
tax, if possible. See note and authority on section 3958. 

(b). If the board of education fails to provide for all the youth of 
school age in the district, the county commissioners are to perform the 
work of the board, and the members of the board "shall each be severally 
liable in a renal ty" of $25 to $50 for such failure. See section 3969. 

Sec. 3961. As the auditor does not actually handle or transfer the 
moneys, the word "transfer," must here refer to his record and warrant. 
He certifies to the clerk and treasurer of each township the amounts due to 
the joint sub-districts from such township, that the money may be properly 
paid by the treasurer of each township district to the joint sub districts, and 
that the accounts may be fully adjusted by each. 



SCHOOL OFFICERS GUIDE. 45 

School Funds. Ch. 6. 

ritory belonging to each; the board shall certify such esti- 
mate, so apportioned, to the county auditor, who shall add 
the portion for each township to the estimate for a contin- 
gent fund certified to him by its board of education, and 
place it on the tax list therewith for collection as part of the 
township estimate; when the county auditor apportions the 
school funds he shall trans'er to the township having control 
of the school, from the other townships, the amounts so 
assessed and collected, and certify to the clerk and treasurer 
of each township the amount due the joint sub-district, in- 
cluding state tax, interest on the common school fund, con- 
tingent fund, and money received from other sources, which 
amount shall be paid to the treasurer of the board having 
control of the school; and such board shall cause to be kept 
such accounts as will show the funds received from each town- 
ship, and the disposition thereof, and transmit to the other 
board or boards interested, at the end of the school year, a 
statement of such receipts and expenditures. [75 v. 84, § 35.] 
Sec. 3962. When a joint sub-district is composed of 
fractions of two or more counties, such estimate shall be county line 

, . • i t • xi l- divides such 

apportioned to townships, as provided in the preceding sec- sub-district. 

tion, and the amount apportioned to the township or town- 
ships belonging to each county shall be certified by the board 
to the auditor thereof, whose duties in the premises shall be 
the same as prescribed for the auditor in the preceding sec- 
tion, so far as the provisions thereof are applicable; and the 
board shall keep accounts, and report receipts and expendi- 
tures, as provided in said section. [72 v. 63, § 36] 

Sec. 3063. The funds belonging to a district composed Fundsofdis- 
of territory in more than one county shall be paid by the than one 101 "' 
treasurer of the other counties to the treasurer of the county 
in which the school-house of the district is situate; the audi- 
tors of other counties shall make settlement on account of 
such funds with the auditor of the county in which such 
school-house is situate ; and the treasurer of the district shall 
make the settlement required by section thirty-nine hundred and 
sixty-six with such auditor. 

Sec 3964. Each county auditor shall, annually, imme- Apportion- 

J ' J ' ment of school 

diately after his annual settlement with the county treasurer, ! u auditor "" 
apportion the school funds for his county ; the state common 



46 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



school fund shall be apportioned in proportion to the enumer- 
ation of youth, to districts, sub-districts, and joint sub- 
districts, and fractions of districts and joint sub districts, 
within the county; but if an enumeration of the youth of 
any district, for any year, has not been taken and returned, 
such district shall not be entitled to receive any portion of 
said fund ; the contingent funds collected from the several 
districts shall be paid to the districts to which they 
respectively belong; money received from the state on 
account of interest on the common school fund shall be 
apportioned to the school districts and parts of school districts 
within the territory designated by the auditor of state as 
entitled thereto, in proportion. to the enumeration of youth 
therein, and all other money in the county treasury ior the 
support of common schools, and not otherwise appropriated by 
law, shall be apportioned annually in the same manner as the 
state common school fund. [70 v. 195, § 120; S. & C. 64, §2: 
S. &C. 1406, §3; 77 v. 58. J 
o/money^fter Sec. 3965. The auditor shall, immediately after such 

mwiti I0n apportionment is made, enter the same in a book to be kept 
for that purpose, and furnish a certified copy of the appor- 
tionment to each school treasurer and clerk in his county ; 
and he shall give to each of such treasurers an order on the 
county treasurer for the amount of money payable to him, 
and take his receipt therefor. [70 v. 195, § 120. J 
Apportion- Sec. 3966. When an original surveyed township or 

ment of com- . . . 

mon school fractional township is situate in two or more counties, and 

fuud bv coun- ' 

ty auditor the lanci granted thereto bv congress for the support of pub- 

when county . • x 

linedivides n c schools has been sold, the auditor of the county, to whose 

original sur- ' J 

vepdtown- treasurer the interest on the proceeds of such sale is paid, 
shall apportion such interest to the counties in which such 
township is situate, in proportion .to the youth of the town- 
ship enumerated in each ; such auditor shall certify to the 
auditor of each of the other counties the amount so ascer- 
tained to belong to the part of the township situate in his 
county, and transmit to the treasurer of each of such counties 
an order on the treasurer of his own county for such amount ; 
and the auditor of each county shall apportion the amount of 
such interest belonging to the part of the township in his 
county, to the districts or parts of districts entitled thereto, in 



Maximum of 



SCHOOL OFFICERS GUIDE. 47 

School Funds. Ch. 6. 

proportion to the enumeration of youth therein, and certify 
and pay the same to the proper school officers, as provided in 
the preceding section. [70 v. 195, §S 121, 122; 72 v. 63, § 36.] 

Sec. 3967. So much of the contingent fund as may be j^ 
set apart by a township board for the continuance of schools 
after the state funds are exhausted, shall be so apportioned 
by the board that the schools in all the sub-districts of the 
township frhall be continued the same length of time each 
year; and if the apportionment be not satisfactory to the 
directors cf any sub-district, or a majority of them, they may 
give notice thereof, in writing, to the county commissioners, 
who, at their first regular meeting for the transaction of busi- 
ness after the receipt of such notice, shall revise the appor- 
tionment, and the amount aforesaid shall be apportioned in 
the manner determined by the commissioners; but neither 
the township board nor th j commissioners shall reapportion 
any funds which were apportioned among the sub-districts 
before any preceding annual settlement, and in making an 
apportionment of funds, the amount set apart for any sub- 
district shall not be increased or diminished by reason of any 
deficit or surplus in the funds previously apportioned to such 
sub-district. [70 v. 195, § 60; 82 v. 92.J 

Sec. 3968. In the city of Toledo, at each annual settle- 
How contin- 
ment of the treasurer of the board of education with the coun- gent fund to 

be applied in 

ty auditor, th^re shall be placed to the credit of a sinking Toledo, 
fund so much of the proceeds of the levy for contingent fund 
as would ! e produced by a levy of two mills, and the treas- 
urer shall apply the same in payment of school bonds, and 
interest thereon, and to no other purpose. [75 v. 526, § 56.] 

Sec. 3967 (a). The custom which has prevailed in some township dis- g c hool funds 

tricts of dividing the contingent fund and placing it in the hands of direc- remain in cus- 

° ° . tody of the 

tors, is not legal. All school funds should be retained in the custody of the treasurers. 

township treasurer until drawn out for the payment of expenses legally in- 
curred. 

(b). It is advisable for each board to require directors to report for contracts to be 
payment all contracts made under the provisions of this section to the reported, 
board at their next meeting after the making of such contracts. 

(c). Inasmuch as the larger sub-districts receive more of the State 
funds than the smaller sub-districts, the latter ought to receive proportion- memVf 
ally more of the township tuition fund than the former. If, however, the funds, 
larger sub-districts contain two or more schools, or actually require more 



48 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Fund. 



County cam- 
missioners to 
levy contin- 
gent fund 
when board 
neglects. 



Sec. 3969. If the board of education of any district fail 
in any year to estimate and certify the levy for a contingent 
fund, as required by this chapter, or to provide sufficient 
school privilege for all the youth of school age in the district, 
or to provide for the continuance of any school in the district 
for at least six months in the year, or to provide for each 
school an equitable share of school advantages as required by 



In case of tie. 



Should con- 
tinue schools 
the usual time. 



tuition money than the smaller to sustain their schools an equal length of 
time, they are entitled to more. 

The larger sub-districts may, in some instances, be obliged to pay 
higher wages than the smaller. The intention of the law is to require 
boards of education to provide the necessary funds, all the circumstances 
being duly considered, for continuing the schools of the several sub-districts 
an equal length of time. 

*(«?)■• The adding together of the State and contingent funds, and then 
dividing the sum equally among the several sub-districts, as is so frequent- 
ly done by township boards, is not a compliance with either the letter or 
the spirit of the law. An equal division, except in rare instances, cannot be 
an equitable division. 

(e). In case the township tuition fund is distributed by the board 
illegally, complaint sliould be made to the county commissioners under this 
section. 

Sec. 3969 (a). Several questions have come up under this section. In 
solving any doubts that have arisen, it has seemed proper to consider that 
the -purpose of the section is to provide an absolute remedy against the sus- 
pension of a school, and to assure to each pupil in the State reasonably 
convenient facilities for attending school six months each year. 

*If, however, a board has levied up to the full limit allowed by law, and 
the sum produced is not sufficient to continue the schools of the district for 
six months, there seems to be no remedy. But if a levy under this limit 
fails to sustain the schools lor the minimum time prescribed in this section, 
then an appeal should be made to the county commissioners, whose duty it 
will be to raise the levy to the highest limit warranted by the law ; and 
they will be justified in a'cting as soon as they are satisfied that the amount 
levied by the board of the district will be insufficient to meet the demands 
of the law. 

(b). If in a large city, where teachers have been paid each' month, a 
board of education stands at a tie in its organization, so that it can not act 
for months together, and the prospect for action does not brighten, the case 
would seem to be one in which the schools must stop unless the means are 
provided for continuing them. In such case the commissioners should in- 
terfere. 

(c). The law does not seem to intend that the commissioners shall stop 
a school which has come under their control, when six months' school has 
been taught during the year. They should be governed by the customs of 
the district. In a city they should keep up the schools 40 weeks, if that has 
been the custom. 



SCHOOL OFFICERS GUIDE. 



49 



School Funds. 



Ch. 6. 



this title, or to provide suitable school-houses for all the 
schools under its control, the commissioners of the county to 
which such district belongs, upon being advised and satisfied 
thereof, shall doand perform any or all of said duties and acts, 
in as full a manner as the board of education is by this title 
authorized to do and perform the same; and the members of 
a board, who cause such failure shall be each severally liable, 
in a penalty not exceeding fifty nor less than twenty five 
dollars, to be recovered in a civil action in the name of the 
state, upon complaint of any elector of the district, which 
sum shall be collected by the prosecuting attorney of the 
county, and when collected shall be paid into the treasury of 
the county, for the benefit of the school or schools of the dis- 
trict. [72 v. 59, §59.] 

Sec. 3970. The auditor of each county shall collect, or 
cause to be collected, all fines and other money, for the sup- for U to ooikl't 
port of common schools in his county, and pay the same to fnsMct^ection 
the county treasurer; he shall inspect all accounts of inter- counts! a ° 
est accruing on account of section sixteen or other school 
lands, whether the same is payable by the state or by the 
debtors; and he shall take all proper measures to secure to 
each school district in his county the full amount of school 
funds to which it is entitled. [70 v. 195, § 120.] 



(d). Local directors, or patrons of the school, may appeal to the com- 
missioners under the fourth item here enumerated, if the township board of 
education have treated the sub-district unjustly in the apportionment of 
funds, or continue to treat families unjustly by imposing the necessity of 
excessive travel to reach a school. 

(e). Under the fifth item, if a school building is unsafe, or becomes so, 
any persons interested may, after due appeal to the board of education, ap- 
peal to the commissioners, who should consider the necessity for action. 
The same is true in case the school-house or school premises are in condi- 
tion to engender disease, or great discomfort, or arc intolerably near to a 
nuisance or source of disease, as a glue factory, slaughter-house, [untidy 
stable, stagnant pool, or the like. 

Sec. 3970. The list of such fines is here appended : 

Sec. 3479 (Amended 1881). Penalty for avoiding toll on turnpikes or 
plankroads. 

Sec. 4033. Penalty against the clerks of local boards who fail to take tl.e 
enumeration. 

Secs. 4201-04. Penalty for allowing certain animals to run at large. 

Sec. 4382. Penalty against owners or keepers of wharf boats. 



Local direc- 
tors may a]> 
peal iro'ni 
township 
boards. 



Case of unsafe 
school hi uses, 
nuisances, etc. 



Penalties and 
forfeitures 
; .-:i\ ible int:i 
the township 

(district) 
treasury. 



5° 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



Penalties and 
forfeitures 
payable into 
the county 
treasury. 



Penalties and 
forfeitures 
payable into 
the State 
treasury. 



Secs. 4401-02. Penalty against peddlers that do not obtain a license. 

Sec. 1504. (Amended 1883). Penalty against township clerk failing to 
make detailed statement — act relating to oil wells. Laws of 1883, page 191. 

Sec. 288. Penalty against insurance corporations and others violating 
the provisions of Chapter VIII, Title III, Eevised Statutes. 

Secs. 1052 and 4215. Relating to dog tax. 

Sec. 1279. Relating to the disposition, by the prosecuting attorney, of 
the proceeds of the sale of timber that grew on State or school lands. 

Secs. 1280-81. Providing for the disposition of the proceeds of the 
sale of property, stolen, embezzled, or obtained under false pretenses. 

Sec. 1375. Penalty against township trustees and treasurers who refuse to 
serve. 

Sec. 3969. Penalty against members of a board of education who fail to 
perform certain duties. 

Sec. 4027. Penalty against parents and guardians for detaining chil- 
dren from school contrary to law. 

Sec. 4038. Penalty against the clerk of a local board for failing to take 
the school enumeration. 

Sec. 4045. Penalty against treasurers of school districts for failing to 
make their annual settlement. 

Sec. 4061. Penalty against county auditors and clerks of boards of educa- 
tion for failing to make certain reports. 

Sec. 4063. Penalty against county auditors. 

Secs. 4088-89. Penalty against institute committee for failing to make 
required report. 

Secs. 4217-18. Penalty against fishing unlawfully in Lake Erie. 

Sec. 4398 (amended) 4399. Relating to peddlers' license. 

Sec. 4487. Penalty against auditors, engineers, commissioners, and probate 
judges, who fail to perform certain duties relating to county ditches. 

Sec. 6396. Penalty against assessors, physicians, midivives, clergymen, sex- 
tons, and probate judges, who fail to furnish statistics of births and deaths. 

Sec. 19 of act relating to sinkholes and fissures. Laws 1883, page 211. 

Secs. 1050-51. Penalty against county auditors lor failing to report to 
State Auditor. 

Sec. 1524. Penalty against assessors for neglecting or refusing to make 
out and return statistics. 

Sec. 1525. Penalty against any person, company, or corporation, refusing 
to make out and deliver a statement of facts for taxation. 

Sec. 3225. Relating to the proceeds of the sale of unclaimed goods by 
express companies, common carriers, etc. 

* Penalties for the violation of the compulsory education act, passed 
April 15, 1889. 



SCHOOL OFFICERS GUIDE. 



51 



Provisions Applying to all Boards. 



Ch. 7. 



CHAPTER 7. 



PROVISIONS APPLYING TO ALL BOARDS. 



Section 



3971 
3972 



3973. 
3974. 



Powers of boards of education. 
What property the boards have 

title to. 
School property exempt from 

taxation. 
Conveyances and contracts. 

3975. Boards may accept bequests. 

3976. Process against boards and how 

served. 

3977. Duties of prosecuting attorney 

and city solicitor. 

3?78. Tic votes to be decided by lot. 

3979. Oath of members and other offi- 
cers. 



Section 
3'>0. Organ ization of board . 

Vacancies in board, and how filled. 

Quorum; yeas and nays to lie 
taken in certain cases. 

Absence of president or clerk. 

Record of proceedings, and attes- 
tation thereof. 

Boards to make rules ; illegal 
meetings. 

Boards may make and enforce 
rules for vaccination. 



39S1. 
S98:>. 



3983. 

398 J. 



3985. 
398G. 



Section 3071. The boards of education of all school dis- Boards of edu 
tricts now organized and established, and of all school dis- ers^nVduTies 
tricts organized under the provisions of this title, shall be 
and they are hereby declared to be bodies politic and corpor- 
ate, and, as such, capable of suing and being sued, contracting 
and being contracted with, acquiring, holding, possessing, 
and disposing of property, both real and personal, and taking 
and holding in trust, for the use and benefit of such districts, 
any grant or devise of land, and any donation or bequest of 
money or other personal property, and of exercising such 
other powers, and having such other privileges as are con- 



Sec. 3971 (a). Corporations must take and grant by their corporate 
names. 2 Kent, II Ed., 351. 

{b). A board of education is not liable in its corporate capacity, for 
damages for an injury resulting to a pupil while attending a common 
school, from its negligence in the discharge of its official duty in the erec- 
tion and maintenance of a common school building under its charge, in the 
absence of a statute creating a liability. Finch v. Board of Education, 
30 O. S., 37. 

(c). It is never desirable or proper, and it is questionable whether a 
board of education has the right, to build on property to which it has not 
acquired a clear title by lease, deed, or process of law. In the latter case 
either the time for appeal to a higher court should have elapsed, or the ap- 
peal, if made, should have been decided. 

(d). The power to contract, implies the power to settle with contractors 
and to do this in the interest of the district, so as to avoid the expense of 
litigation. Where a contracting party has rights wdiich he can enforce in 
equity, a board of education is, like other municipal corporations, author- 



Liability of 
boards for in- 
jury to persons. 



Building on 
land without 
clear title. 



Powers of 
boards to con- 
sider equities 
in contracts. 



52 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



How real es- 
tate may be 
sold or ex- 
changed. 



What property 
the boards 
have title to. 



Rights of 
action inure 
to boards in 
certain cases. 



Defacing 
school-house 
penalty for. 



ferred by this title; but when a board of education decides 
to dispose of any property, real or personal, held by it in its 
corporate capacity, exceeding in value three hundred dollars, 
it shall sell the same at public auction, after giving at least 
thirty days' notice thereof, by publication in some newspa- 
per of general circulation, or by posting notices in five of the 
most public places in the district to which such property 
belongs. Provided, that when such board ha3 twice offered 
a tract of real estate for sale at public auction, as hereinbe- 
fore provided, and the same is not sold, the board may sell 
said real estate at private sale, either as an entire tract, or in 
parcels thereof, as the board may deem best, and the presi- 
dent and secretary of the board shall execute and deliver the 
deed or deeds necessary to complete such sale or sales. Pro- 
vided, that upon a vote of the majority of the members of any 
board of education, and a concurring vote of the council of 
any municipal corporation, that an exchange of any real 
estate held by such board of education for school purposes, 
for real estate held by such municipal corporations for muni- 
cipal purposes, will be mutually beneficial to such school dis- 
trict, and to such municipal corporation, such exchange may 
be made by conveyances, to be executed by the mayor 
and clerk of the municipal corporation, and by the president 
and clerk of such board of education. [70 v. 195, § 37; 
80 v. 36; 85 v. 133.J 

Sec. 3972. All property, real or personal, which has 
heretofore vested in and is now held by any board of educa- 
tion, or the council of any municipal corporation, for the use 



ized to recognize and provide for these as well as for strictly legal rights. 
See Brewster v. Syracuse, 19 N. Y., 116 ; Friend v. Gilbert, 108 Mass., 408. 

(e). As to what notices must contain, see notes to section 3991. 

(/). See opinion of Attorney General, under section 3977. 

Sec. 3972 (a). Under the act of May 1, 1873 [70 v. 195], the corporate 
boards of education therein provided for, succeed to all existing rights of 
action in relation to the common school property and funds which were 
theretofore vested, by previous legislation, in other agencies to whose control 
such property and funds had been confided. Croftont'. Board of Education, 
26 O. S., 571. 

(6). Sec. 6877, B. S. Whoever maliciously injures or defaces any 
church edifice, school-house, dwelling-house, or other building, its fixtures, 
books, or appurtenances, or commits any nuisance therein, or purposely 
and maliciously commits any trespass upon the inclosed grounds attached 



SCHOOL OFFICERS GUIDE. 



53 



Provisions Applying to all Boards. 



Ch. 7. 



of public or common schools in any district, is hereby vested 
in the board of education provided for in this title, having 
under this title jurisdiction and control of the schools in such 
district [70 v. 195, § 39.] 

Sec. 3973. All property, real or personal, vested in any school prop- 
board of education, shall be exempt from tax, and from sale from taxation. 



thereto, or any fixtures placed thereon, or any inclosure or sidewalk about 
the same, shall be fined in any sum not more than one hundred dollars. 
[63 v. 175, g 1, S. & S., 280, g 51 ; 70 v. 216, g 73.1 

(c). Sec. 6831, E. S., provides that " Whoever maliciously burns, or 
attempts to burn any * * * school-house * shall be im- 

prisoned in the penitentiary not more than twenty years." 

(d). Sec. 6835, E. S., provides that " Whoever, in the night season, ma- 
liciously and forcibly breaks and enters any * school-house 
* * with intent to commit a felony, or with intent to steal property 
of any value, shall be imprisoned in the penitentiary not more than ten 
years nor less than one year." 

(e). A similar penalty is imposed by section 6836, E. S., for entering 
a school-house in the day-time or night season, and attempting to commit a 
felony." 

(/ ). Sec. 6837, E. S., provides that " Whoever maliciously, in the day- 
time, breaks and enters any school-house * * * with intent 
to steal, shall be fined not more than three hundred dollars, and imprisoned 
not more than sixty days." 

(</). Sec. 6896, E. S., provides that " Whoever willfully interrupts or 
disturbs any assembly of persons met for a lawful purpose, or any person 
while he is at or about the place where such assembly is to be held, or is and 
has been held, shall be fined not more than fifty dollars, or imprisoned not 
more than ten days, or both. [73 v. 224, g 1 ; 61 v. 98, g 1, S. & S., 288; 70 
v. 216, g 74.]" 

(h). A member of a board of education is as liable to prosecution for 
violently disturbing a school in session as any other person. Such member 
is also equally liable with any other person for forcibly breaking into a 
school-house, for the purpose of admitting any meeting, or for promoting 
other use of the school-house not authorized by a majority of the board of 
education, or by law. In sbort, an individual member of the board, as such, 
has no more authority concerning school property than any other individual 
has. If he is, by law or by the board, constituted a committee to look after 
the school-house, he may exercise such authority ; but even then, he has no 
power to open the house for purposes unauthorized by the board. The lim- 
itation of course applies, that for mere errors of judgment, with proper pur- 
pose and intent to act within the authority vested in him by the board, the 
law will exonerate him. 

(i). By "public school-houses" are meant such as belong to the public, 
and are designed for schools established and conducted under public author- 
ity. The fact that the use of the property is free is not a necessary element 
in determining whether the use is public. Gerke v. Purcell, 25 O. S., 229. 



Penalty for 
burning school 
property. 



Penalty for 
felony and 
stealing. 



Penalty for 
breaking into 
school-house 
to steal. 



Penalty for 
disturbing a 
meeting 
(school). 



Members of 
board liable 
for disturbing 
school, or 
breaking into 
school-house, 
and the like. 



What are pub- 
lic school- 
houses. 



54 



OHIO SHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



Conveyances 
and contracts. 



Boards may ac- 
cept bequests. 



on execution, or other writ or order in the nature of an exe- 
cution. [70 v. 195, § 72] 

Sec. 3974. Ail conveyances made by a board of education 
shall be executed by the president and clerk thereof; no mem- 
ber of a board shall have any pecuniary interest, eithe 1 * direct 
or indirect, in any contract of the board, or be employed in 
any manner for compensation by the board of which he is a 
member, except as clerk or treasurer; and no contract shall 
be binding upon any board unless it be made or authorized to 
be made at a regular or special meeting of the board. [70 v. 
195, §§ 31, 38.] 

Sec. 3975. All boards of education may, by the adoption 
of a resolution, accept any bequest made to them by will, 
upon the conditions and stipulations contained in the will, 
and for the purpose of enabling such boards to carry out the 
conditions and limitations upon which the bequest is made, 
they are authorized to make all rules and regulations that 
may be required to fully carry into effect the provisions of the 
will in relation to tbe bequest. [73 v. 205, § 2.] 



Lease and sale 
of school 
lands. 



Injury to 
school timber. 



Auditors' fees. 



How to enforce 
claims against 
boards. 



Non-taxation 
of school prop- 
erty. 

Taxation of 
school lands. 



Members can- 
not draw pay 
except as clerk 
or treasurer. 



(j). For leasing of school lands and \oid leases, see 5 O., 184, and 8 
O., 174. 

(k). For leasing and sale of school lands, see E. S., sees. 1404-1440. 

For penalty for injury to timber on school lands, see sec. 6880, R. S. 

For county auditors' fees for transfer of sale of school land, for payments 
on the same, etc., see section 1073, E. S. 

Sec. 3973 (a). A mechanic's lien or a mortgage could not be enforced, 
since such enforcement would require an " order in the nature of an exe_ 
eution." 

(b). For additional provision relating to non-taxation of school prop- 
erty, see section 2732, E. S. 

(e). For provisions relating to taxation of school and ministerial lands 
held under a lease exceeding fourteen years, see section 2733, E. S. 

Sec. 3974 (a). The failure of an officer to attach his official title to his 
signature, will not affect the instrument so far as the district is concerned ; 
provided, the contract was authorized, and made for the district, and this 
fact can be shown. 

(b). A member of a board of education cannot draw wages or pay as 
superintendent of schools or of buildings, as teacher or janitor, as contrac- 
tor for fuel, for drawing fuel, or for any other service to the district in which 
he is serving as such member, except for services as clerk or treasurer. Nor 
can a local director draw pay for any such service in his sub-district, if he 
is a member of the township board, or if the service is such as the board of 
education or the statute has authorized the local board to contract for. 



SCHOOL OFFICERS GUIDE. 



55 



Provisions Applying to all Boards. 



Ch. 



Sec. 3970. The process in all suits against a board of edu- jjjgj? |^ inst 

cation shall be by summons, and shall be served by leaving a how served - 
copy thereof with the clerk or president of the board. [70 v. 
195, § 68.] 

Sec. 3977. The prosecuting attorney of the proper county, prosecuting 

or, in case of a city district, the city solicitor, shall prosecute actus counsel 

,.,,,... . of school 

all actions which, by this title, may be brought against any board. 
member or officer of a school board in his individual capacity, 
and shall act in his official capacity as the legal counsel of 
such boards or officers in all civil actions brought by or against 
them in their corporate or official capacity ; but no prosecu- 
ting attorney or city solicitor shall be a member of the board 



(c). There is, perhaps, no reason why a local director who is not a 
member of the township board of education may not teach, or furnish fuel, 
or the like, in a sub-district in which he is not a local director. The prin- 
ciples of law without this statute would decide that a party cannot be on 
both sides of a contract. 27 O. S., 159 and 195 ; Parsons on Contracts, vol. 
1, p. 86; Pollock's Principles of Contract, p. 253. 

(d). School property should be insured, but not in a company repre- 
sented by a member of the board. See section G9G9, R. S. The Attorney- 
General concurs in this opinion ; see opinions of Attorney-General, vol. 
F, 36. 

(e). Sec. 6975, R. S. "A member of a board of education organized 
under any law of this state, who accepts or receives any compensation for 
his services as such member, except as clerk or treasurer of said board, shall 
be deemed guilty of embezzlement of the amount so received, and punished 
accordingly." 

Sec. 3976 (a). The want of notice is waived by the voluntary appear- 
ance of the party for any purpose directly connected with the cause. 

(b). The legality of the election of members of the school board is not 
a subject of inquiry in a suit to enforce payment of money due. 45 Mo., 294. 

(c). Title to office cannot be questioned collaterally, but must be done 
in a direct proceeding by quo warranto, in one of the tribunals provided by 
law for hearing and determining all questions pertaining to elections. 44 
Mo., 154. 

(d). In the absence of restriction, express or implied, the school board 
has authority to employ an attorney to conduct suits to which the district 
is a party, and it is bound to pay for bis services. 30 Vermont, 285. See 
the next section. 

Sec. 3977 (a). The following opinion was rendered by Attorney-Gen- 
eral Nash, November 4, 1881 : 

"Section 3977 of the Revised Statutes provides that the proscuting at- 
torney of a county shall be the attorney for the school boards within his 
county, except in city districts, and sets forth what duties he shall perform 
in this regard. This service is made one of the duties of the prosecuting 



Local director 
may draw pay 
in other sub- 
districts. 



Insurance of 
school prop- 
erty. 



Accepting pay 
is embezzle- 
ment. 



Notice. 



When and how 

title to office 
can be ques- 
tioned. 



Employment 
of attorney, 
and how paid. 



Prosecuting at- 
torney is attor- 
ney for boards 
of education. 



56 



OHIO SCHOOL LAWS. 



Ck. 



Provisions Applying to all Boards. 



Tie votes to be 
decided bv lot 



of education; provided, that in counties having a county so- 
licitor such officer shall prosecute all actions which may be 
brought against any member or officer of a school board in 
his individual capacity, and shall do and perform all the 
dutiesherein required of the prosecuting attorney as to schools, 
school boards, and officers of schools in the county, outside of 
said city; but for such service he shall receive no additional 
compensation. [70 v. 195, § 69 ; 79 v. 26 ] 

Ssc. 3978. In all cases of tie votes, at an election for 
members of a board of education, or of directors of a sub-dis- 
trict, the judges of election shall decide the election by lot; 



When another 
attorney may 
be employed. 



Authority for 
paying attor- 
ney fees. 



Additional 
compensation. 



Additional 
duties. 



Effect of fail- 
ure to cast 
lots. 



Of failure to 
sign poll-books 
before separat- 
ing. 



Omissions and 
mistakes may 
be corrected." 



attorney -which he is bound. to render under his salary, as no express pro- 
vision is made for the payment of such services. 

" It frequently happens that the prosecuting attorney, on account of his 
numerous other duties, is wholly unable to perform the service required by 
this section, and it sometimes happens that cases arise which require that 
the prosecuting attorney should have assistance in them. In such cases as 
these, the question — 'Have boards of education the right to employ and 
pay counsel, or, in short, have such boards the right and authority to pay 
attorney fees in defending or prosecuting cases in which they are parties?' 
becomes important. 

''Under such circumstances as I have indicated above, I answer the 
question in the affirmative, and for this answer I rely on section 3971 of the 
Revised Statutes. This section makes boards of education bodies politic 
and corporate, and vests them with the power of suing and being sued. I 
think that the law which authorizes these boards to sue and be sued, by im- 
plication confers upon them authority to do all things that are necessary to 
prosecute successfully or defend a suit." Opinions Attorney-General, vol. 
F, 145. 

(6). Public officers for whom pay is provided by statute, will not be 
allowed compensation for extra work, unless this is specially authorized by 
statute. 9 Neb., 85 ; X Central L. J., 299. 

(c). The prosecuting attorney is required to prosecute for injuries to 
timber on school lands. Section 1279, P. S. 

Sec. 3978 (a). In case the judges fail so to decide, the board must ap- 
point, or in case of a local director, a new election must be had. This " lot," 
like all other matters required of the judges of elections, must be perfected, 
their decision made, and the certificate of such action signed before the judges 
separate, " When such board has once dissolved, its officers arefuncti officio, 
and can no longer perform official acts relating to the election, not even to 
the signing of returns." 21 O. S., 216. 

But in case such judges fail to sign poll-books, tally-sheets [and certifi- 
cates such as above referred to] to fill up blanks in a caption, or to carry out 
the aggregate of the votes, such omissions and mistakes may be corrected, 
on the trial of a contest, by parol evidence, and when so corrected, the doc- 



SCHOOL OFFICERS GUIDE. 



57 



Provisions Applying to all Boards. 



Ch. 7. 



and in other cases of failure to elect members of the board, 
or in case of a refusal to serve, the board shall appoint. [70 
v. 195, &43 ] 

Sec. 3979. Each person elected or appointed a member bers and other 
of a board of education, or elected or appointed to any other 
office under this title, shall, before entering upon the duties 



uments sustained by parol proof, are competent evidence of the result of 
the election. 10 O. S , 184. 

(6). In case of trustees, collectors, and the like, general reputation 
of their being such officers, and proof of their acting as such, is prima facie 
sufficient, without producing evidence of their election, especially where 
there is evidence of their acting under color of election. 7 Wendell's 
Kep., 341. 

(c). An individual coming into office by color of election or appoint- 
ment, is an officer de facto, and his acts in relation to the public, or to third 
persons, are valid until he is removed, although it be, [in the end], conceded 
that his election or appointment was illegal. 5 AVendell's Rep., 170. 

Sec. 3979 (a). But a person so elected may appear before any person 
authorized by law to administer an oath, and may take his oath of office. 
This should be done in case the member elect is, for any reason, unable to 
attend the meeting for organization. The certificate of the officer adminis- 
tering the oath should be sent to the board and copied in the records, to 
obviate all questions. For the same reason, a record should be made of the 
oath administered to each member. 

(b). Officers who have sworn to perform official duties may be com- 
pelled to perform them by writ of mandamus. This writ issues from the 
supreme, district, or common pleas court. R. S., section 6742, as amended 
1880. 

They may also be restrained from doing illegal acts under color of au- 
thority as officers, by writ of injunction. This writ issues from the supreme 
or common pleas court, or a judge of either; or from the probate court, in 
case none of the above named judges are in the county. R. S., section 5573. 

(c). But to boards of education is left large discretion as to the man- 
ner of performing their official duties, and courts will not interfere with 
this discretion. 23 O. S., 211. 

(d). Officers required by law to exercise their judgments, are not 
answerable for mistakes of law or mere errors of judgment, where there is 
neither fraud nor malice. Jenkins v. Waldron, 11 Johnson's Rep., 114. 

(e). An officer acting within the scope of his authority is only respon- 
sible for an injury resulting from a corrupt motive. 17 Ohio, 402. 

(/*) A public officer who is required by law to act in certain cases, ac- 
cording to his judgment or opinion, and subject to penalties for his neglect, 
is not liable to a party for an omission arising from a mistake or want of 
skill, if acting in good faith. Seamen v. Patten, 2d Caine's Rep., 312. 

(g). But an officer entrusted by the common law or by statute is liable 
to an action for negligence, in the performance of his trust, or for fraud or 
neglect in the execution of his office. Jenner v. JolifTe, 9 John. Rep., 381. 



What evidence 
of official char- 
acter is re- 
quired in cer- 
tain cases. 



Of officers dt 
facto. 



May be taken 
before any offi- 
cer authorized 
to administer 
oaths. 



Mandamus to 
compel officers 
to act. 



Injunction to 
restrain them 
from acting. 



Not liable for 
honest mis- 
takes. 



Liable for will- 
ful neglect. 



58 OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to all Boards. 



of bis office, take an oath or affirmation to support the consti- 
tution of the United States and the constitution of the state 
of Ohio, and that he will perform faithfully the duties of his 
office ; which oath or affirmation may be administered by the 
clerk or any member of the board. [71 v. 15, § 42.] 
organization; Sec. 3980. Each board of education shall organize by 

selection of of- -i,^ • <?-, i • i A i , , •, • 

licers. choosing one or its members president, and, except township 

boards, by choosing also a clerk, who may or may not be a 
member of the board ; if at the organization of a township 
board the township clerk is absent, the board shall appoint 
one of its members clerk pro tempore; each board of educa- 
tion, however, as chosen under the provisions of section 3899, 
shall further, at its first regular meeting after its annual or- 
ganization, choose or appoint an auditor, who shall not be a 
member of the board, and who shall receive such compensa- 
tion and perform such duties as the board may provide for 
and determine ; and such organization shall be effected on 
the third Monday of April of each year, except as otherwise 
provided in section thirty-nine hundred and fourteen. [70 v. 
195, § 29 ; 70 v. 241, § 44 ; 84 v. 212.] 

board,andnow ^ EC - 3981. Vacancies in any board of education, except 

of a township district, arising from death, non-residence, res- 
ignation, expulsion for gross neglect of duty, failure of a per- 
son elected or appointed to qualify within ten days after the 
annual organization or after his appointment, or from other 
cause, which occur more than fifteen days before the next 

(h). The performance of any act prohibited by statute, or any willful 
neglect of duty, and for which no penalty is provided by enactment, is a 
misdemeanor. 

Sec. 3980 (a). For the number of votes necessary in the election of 
officers of the board, see section 3982. 

(b). If the board of education, for any reason, fails to organize on the 

may^orgamze. ^ay name d in the law, they may organize on a subsequent day. For want 

of a quorum a minority may adjourn from day to day. See note to section 

3958. 

President enti- ( c )- The president has the right to vote on all questions coming before 

tied to vote. ^ e board, if by SU ch vote a tie is produced, the motion is lost. 

Sec. 3981 (a). Temporary absence from home will not vacate an office ; 
but if such absence creates embarrassment the holder ought to resign. 
Resignation to W" ^e resignation of a district or sub-district officer must be made 

whom made. to the other members of the district or sub-district board, or to one of them, 
and should be in writing. 



SCHOOL OFFICERS GUIDE 



59 



Provisions Applying to all Boards. 



Ch. 7. 



annual election, the board shall fill without delay until the 
next annual election, when a successor shall be elected to fill 
the unexpired tei m ; any vacancy which occurs in a township 
board, from any of the causes aforesaid, shall be filled by the 
election of a clerk by the directors of the proper sub district ; 
and a clerk of a sub district who is guilty of gross negbct of 



A person claiming to be a legal officer, and in possession, cannot be 
voted out by the board, but should be proceeded against by a writ of quo 
warranto. Section G760, R. S. 

(c). The section provides that the vacancy shall be filed without delay. 
Hence, if any other business is attempted to be performed before the filling 
of such vacancy, a point of order should be raised under this clause of the 
section. The law here provides that no vacancy need exist when a vote is 
to be taken, hence no item of business enumerated in section 3982 can be 
transacted which does not receive the votes of a majority of all the mem- 
bers constituting a full board. 

To elect an officer of the board requires a majority of all the members 
composing the board of education, by law, in the given district. See section 
3982. But though a member holding an office may die, the election of a 
member to fill the vacancy is not the election of an officer. The election of 
the member, not being in the list of acts requiring such full majority vote, 
may be effected by a majority of a quorum. 

(d). An officer elected for three years continues for three years, and 
until his successor is elected and qualified. 23 Vermont, 416. 

(e). The officer, once qualified, continues in the responsibilities of his 
office until his successor is qualified. There can be no successor until after 
such qualification takes place. 22 Pick., 122 ; 4 Ky.,433. 

(/). An officer may resign, but he remains in his office subject to all 
its responsibilities, until his resignation is accepted. It is generally sup- 
posed that an office is held at the will of either party. It is held at the 
will of both. Resignations are so generally accepted that, with respect to 
lucrative offices, it has grown into a common notion that to resign is a matter 
of right. But it is otherwise. The public has a right to the services of all 
citizens, and may demand them in all civil departments as well as in the 
military. Hoke v. Henderson, 4 Devereux, N. C, 1. 

((/). The following case goes still further, holding a resigning officer 
to his responsibilities and duties until his successor is elected or appointed 
and qualified : 

" Tennessee constitution, article 7, section 5, provides that ' every officer 
shall hold his office until his successor is elected or appointed and quali- 
fied.' Held, that this applies to a resigning officer, who must continue in 
the discharge of his duties until his successor is elected or appointed and 
qualified; that the officer remains under an obligation to obey a writ of 
mandamus notwithstanding his resignation, and is guilty of contempt if he 
fails to comply with the writ, and the obligation passes to his successor 
when qualified." Watts v. Lauderdale Co., 14 Central Law Journal, 210 
U. S. Circuit Court, Dist. West Tenn. 



Filling vac'ney 
iirst business. 



Number of 
votes required 
to appoint a 
member. 



How long 
members elect- 
ed serve. 



Officer respon- 
sible till resig- 
nation accept- 
ed. 



And until bis 
successor is 
qualified. 



6o 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



Quorum : yeas 
and nays to be 
taken in cer- 
tain cases. 



duty shall cease to bold his office, and a new election shall be 
held by the directors to fill such office. [70 v. 19-5, § 43.] 

Sec. 3982. A majority of the board of education shall 
constitute a quorum for the transaction of business; upon a 
motion to adopt a resolution authorizing the purchase or sale 
of property, either real or personal, or to employ a superinten- 



If all the mem- 
bers are dis- 
qualified, 
what? 



Township 
clerk's name 
not called. 



A majority of a 
quorum, when 
sufficient. 



Power cannot 
be delegated. 



Manner of con- 
tracting. 



This section 
mandatory. 



Buying maps, 
etcl, outside of 
board meet- 
ings. 



(£). Acceptance by a corporation is, at common law, necessary to a 
consummation of the resignation, and, until acceptance by proper authority, 
the tender is revocable. The right to accept a resignation is a power inci- 
dental to every corporation, also to any power of appointment. Dillon on 
Municipal Corporations, 283. 

(;'). In case a board should really lose all of its members, the county 
commissioners must keep up the school. As they may do all that a board 
could do, they may appoint a new board, or members enough to proceed 
with the appointments to the completion of a new board/ 

Sec. 3982 (a). It is presumed that the name of the township clerk need 
not be called, as he does not vote. It is evident that a majority of all the 
voting members of the township board will carry a measure. See section 
3915. In all cases except those which are declared to require a majority of 
all the members composing the board, a majority of a quorum is sufficient 
to pass a measure, and the roll need not be called unless demanded by a 
member of the board. In case a vacancy occurs in the board, see note on 
section 3981. 

(b) No member of a board can delegate his power to act to another 
person, either a member of the board or otherwise. It is said that this is 
sometimes done. But acts depending on such delegated votes are void. For 
heavy penalty attached to such assumption of official duty, see R. S., sec- 
tion 6913. 

(c). Respecting the mode in which contracts by corporations shall be 
made, it is important to observe that when the mode of contracting is specially 
and plainly prescribed and limited, that mode is exclusive, and must be pursued, 
or the contract will not bind the corporation; but the courts have some- 
times regarded provisions on this subject as directory. Dillon on Munici- 
pal Corporations, 465. 

There is no room to doubt that the requirements of this section are 
mandatory, and that they absolutely forbid the transaction of these enu- 
merated items of business in any other way than that prescribed in this 
section. 

To make any one of these contracts in any other mode than that pre- 
scribed, is to act ultra vires. 

(d) An agreement by members of a township board of education, 
acting in their individual capacity, to purchase from another person appa- 
ratus for the schools of the township, and to ratify such contract of pur- 
chase at the next meeting of the board, is contrary to public policy, and 
is, therefore, illegal and void, and not enforceable, either against the board 
or members thereof as individuals. McCortle v. Bates, 29 O. S., 419. 

Boynton, J., also said : " Such defenses as would have been allowed, 



SCHOOL OFFICERS' GUIDE. 6 1 

Provisions Applying to all Boards. Ch. 7. 

dent, teacher, janitor, or other employe, or to elect or appoint 
an officer, or to pay aDy debt or claim, or to adopt any text- 
book, the clerk of the board shall call, publicly, the roll of 
all the members composing the board, and enter on the record 
required to be kept the names of those voting "aye," and thj 
names of those voting " no;" if a majority of all the mem- 
bers of the board vote "aye," the president shall declare the 
motion carried ; and upon any motion or resolution any mem- 
ber of the board may demand the yeas and nays, and there- 
upon the clerk shall call the roll, and record the names of 
those voting "aye" and those voting "no." [71 v. 15, § 42.] 

Sec. 3983. If, at any meeting of the board, either the Absence of 
president or the clerk is absent, the members present shall clerk. 

bad the map vendor retained the claim and brc ught suit upon it himself, 
are now admissible against the plaintiff. Assuming, without deciding, that, 
by the understanding of the parties to the agreement, the defendants incurred 
personal liability, it was quite clear that there was no error in the action of 
the common pleas in sustaining the demurrer and dismissing the petition. 
The state requires the clerk to record, in a book to be provided for 
that purpose, all the official proceedings. * * * Clothed with such 
powers and charged with such duties and responsibilities, it will not be per- 
mitted to such boards of education to make any agreement among them- 
selves, or with others, by which their public action is to be, or may be re- 
strained or embarrassed, or its freedom in any wise affected or impaired. 
The public, for whom they act, have the right to their best judgment after 
free and full discussion and consultation among themselves of and upon 
the public matters entrusted to them, in the session provided for bv statute. 
The court will not enter on the inquiry whether such contract 
would, or would not, in a given case, be injurious in its consequences, if en- 
forced. It being against the public interest to enforce it, the law refuses to 
recognize its claim to validity." 

(e) A board of education is a body corporate, and the contracting of 
a debt by the board, and the directing the issuance of an order to pay it by members 
are corporate acts which cannot be performed by the individual members b^ndrmf^ n0t 
of the board separately; and, therefore, a contract which was signed by 
the members of the board separately, and delivered to the clerks and 
which was afterward, at a subsequent meeting, repudiated by the board, 
was held not to be binding upon either party. State v. Liberty Tp. 22 
O. S., 144. 

(/). The order of the clerk on the treasurer is not negotiable, and the 
written acceptance of an order by a treasurer who has gone out of office 0rder 6 ? treas- 
imposes no greater obligation on the treasurer to pay than if it had been tiable. 
presented without such indorsement. lb. 

(g). To rescind action requiring such full majority of the board as 
this section calls for, or requiring a full two-thirds vote, of course requires Vote r ? r i niR ' a 
a like vote. 



62 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



Record of pro- 
ceedings and 
attestation 
thereof. 



Poardstomake 
rules and regu- 
lations for 
pupils, etc. 



Illegal meet- 
ings. 



choose one of their number to serve in his place pro tempore ; 
and if both are absent, both places shall be so filled ; but on 
the appearance of either at the meeting;, after his place has 
been so filled, he sbaH immediately assume the duties of his 
office. [70 v. 195, § 31.] 

Sec. 8984. The clerk of the board shall record the pro- 
ceedings of each meeting, in a book to be provided by the 
board for that purpose, which shall be a public record ; the 
record of proceedings at each meeting of the board shall be 
read at its next meeting, corrected if necessary, and ap- 
proved, and the approval shall be noted in the proceedings ; 
and after such approval the president shall sign the record, 
and the clerk shall attest the same. [70 v. 195, § 29; 71 v. 
15, § 42.] 

Sec. 3985. The board of each district shall make such 
rules and regulations as it may deem expedient and necessary 
for its government, and the government of its appointees and 
the pupils; and no meeting of a board of education not pro- 
vided for by its rules, or by law, shall be legal unless all the 
members thereof have been notified as provided in section 
thirty-nine hundred and twenty. [70 v. 195, § 54.] 



Board speaks 
only through 
its record. 



Records of 
special meet- 



Parol evidence 
as to records, 
etc. 



Sec. 3984 (a) A board of education can speak only through its rec- 
ords, and these must accordingly be complete, showing just what the board 
did, and no more. A motion made by a member, seconded by another mem- 
ber, stated by the president, and voted on by the board, is business, and is 
to be recorded, though not a single member voted for it. Any vote upon it, 
as to refer, to postpone, or to lay upon the table, is action and should be 
recorded. If the board adjourn pending the consideration t>f the motion, 
the motion should be recorded. If the mover withdraws the motion, by 
consent of the board, by general consent it may also be omitted from the 
records. 

(6). The records of a special meeting should state by whom the meeting 
was called, and the objects mentioned in the notice, as the legality of the 
proceedings depends on the legality of the call and the conformity of the 
proceedings with the objects stated in the notice. 

(c). If a record is inadequately entered, parol evidence may, it seems, 
be admitted to show that action was taken which is not found on the records 
at all. The commissioner of schools of .Rhode Island, decided under in- 
struction of Judge Brayton, of the supreme court, that " imperfection in a 
clerk's record of a resolution does not render invalid a tax properly voted." 
Yet all these imperfections in the record lead to troublesome litigation, 
often to questions which only courts of law can decide, and in which their 
decision may be such as to defeat what was attempted to be done in the case. 



SCHOOL OFFICERS GUIDE. 



Provisions Applying to all Boards. 



Ch. 



Sec. 39SG. The board of each district may make and 
enforce such rules and regulations to secure the vaccination 
of, and to prevent the spread of small-pox among the pupils 
attending or eligible to attend the schools of the district, as 



Board of edu- 
cation t<> make 
aucl enforce 
rules for vac- 
cination. 



(d). School districts are required by law to keep an account of their 
proceedings by a sworn clerk, and such proceedings can be proved only by 
the record, or a copy thereof duly authenticated. 38 Maine, 164. 

(e). The power to amend the records exists with the clerk while he is 
in office, but not after his term expires, nor for any purpose other than to 
make them truthful and complete as to fact. 11 Mass., 477 ; 17 Maine, 444. 

(/). Records of quasi corporations are not considered of that absolute 
verity that parol testimony is inadmissible to show facts upon which the 
record is silent. 5 Ohio, 136. 

Sec. 39S5 (a). A court may review the action of a board and pass upon 
the reasonableness of any of its rules, but if they have erred, while dis- 
charging their duty in good faith, they are not liable to action therefor. 32 
Vermont, 224. 

(6). The act of the board of education and the teachers, in matters of 
organizing, grading, and governing the school, will be conclusive, unless 
the power is abused or perverted under some apparently reasonable pre- 
tense. 23 Pick., 224 ; 2 Cushing, 1! 8. 

*(c). It is competent for boards of directors to provide rules that pupils 
may be suspended from the schools in case they shall be absent or tardy, 
except for sickness or other unavoidable cause, a certain number of times 
within a fixed period. 31 la., 562. 

*(d). "In the school-room the teacher has the exclusive control and 
supervision of his pupils, subject only to such regulations and directions as 
may be prescribed or given by the school board." Barden, School Law, 
p. 79. 

"The conduct of the pupils upon any part of the premises connected 
with the school-house or in the immediate vicinity of the same (the pupils 
being thus virtually under the care of the teacher), whether within the 
regular school hours or before or after them, is properly coguizable by the 
teacher. And any disturbance made by them within this range injuriously 
affecting in any way the interests of the school, may clearly be the subject 
of reproof and correction by the teacher." Idem. 

(e). Hathaway v. Bice, 19, Vt. 108. "The right of a school-master to 
correct his scholars has always been practically and judicially sanctioned, 
but the chastisement must not exceed the limits of moderate correction; 
and though courts are bound, with a view to the maintenance of necessary 
order and decorum in schools, to look with all reasonable indulgence upon 
the exercise of this right, yet, whenever the correction shall appear to have 
been clearly excessive and cruel, it must be adjudged illegal." 

Cooper v. McJunkin, 4 Ind. 290. " A teacher, in the exercise of the 
power of corporal punishment, must not make such power a pretext for 
cruelty and oppression ; but the cause must be sufficient, the instrument 
suitable, and the manner and extent of the correction, the part of the 
person to which it is applied, and the temper in which it is inflicted, should 



Power to 
amend records. 



The right to 
inflict cor- 
poral punish- 
ment. 



6 4 



OHIO SCHOOL LAWS. 



Ch. 



Provisions Applying to all Boards. 



If excessive. 



Responsible 
only for na- 
tural and or 
nary conse- 
quences. 



ii- 



be distinguished with the kindness, prudence, and propriety which become 
the station." 

" Reeves' Domestic Relations" page 534. " The school-master has a right 
to give moderate corporal correction to his pupils for disobedience to his 
lawful commands, negligence, or for insolent conduct. A school-master, in 
his own right, and not by delegation, possesses this power." 

State v. Pendergrass, 2 Devereavx & Battles, 365. "The law confides to 
school-masters and teachers a discretionary power in the infliction of 
corporal punishment upon their pupils, and will not hold them responsible 
criminally, unless the punishment be such as to occasion permanent injury 
to the child, or be inflicted merely to gratify their own evil passions." In 
passing this topic, the lnnguage of Judge Gaston seems peculiarly ap- 
propriate: "It is not easy to state with precision the power which the law 
grants to school-masters and teachers, with respect to the correction of 
their pupils. It is analogous to that which belongs to parents, and the 
authority of the teacher is regarded as a delegation of parental authority. 
One of the most sacred duties of parents is to raise up and qualify their 
children for becoming useful and virtuous members of society; this duty 
cannot be effectually performed without the ability to command obedience, 
to control stubbornness, to quicken diligence, and to reform bad habits; 
and to enable him to exercise their salutary sway, he is armed with the 
power to administer moderate correction, when he shall believe it to be just 
and necessary." 

A school-master is not relieved from liability in damages for the 
punishment of a scholar which is clearly excessive and unnecessary, by the 
fact that he acted in good faith and without malice, honestly thinking that 
the punishment was necessary, both for the discipline of the school and the 
welfare of the scholar. 

If there is any reasonable doubt whether the punishment was excessive, 
the teacher should have the benefit of the doubt. Lander v. Seaver, 32 Vt. 
R. 123; Wharton's American Grim. Law, 1259, and 1 Sanders on PL and 
Ev., 144. 

Whether under the facts the punishment is excessive, must be left to 
the jury to decide. Commonwealth of Massachusetts v. Randall, 4 Gray, 88. 

In the case of Martin Quinn v. Mary D. Nolan, a suit tried in the 
Superior Court of Cincinnati, Judge Harmon, in charging the jury, used 
the following language: 

"If the jury should find the defendant did not, in view of all the cir- 
cumstances, inflict a greater degree of punishment upon the plaintiff's son 
than she was fairly entitled to do, and was proper, of course they must find 
for defendant. But, if they should find she did go beyond that, then it 
would be necessary to go further and Inquire into the damages that should 
be allowed. The law holds a person responsible only for the natural and 
ordinary consequences of his acts, those consequences which the law pre- 
sumes he might or should have foreseen at the time he committed the act. 
Therefore, it might make a difference in the amount of their finding if it 
should appear that the child was afflicted with or predisposed to certain 
diseases, and the defendant had no notice thereof from his parents, the boy 
himself, his appearance, or otherwise. If the defendant, from the knowledge 
she had of the boy and his appearance, would be justified in supposing him 



SCHOOL OFFICERS' GUIDE. 65 



Provisions Applying to all Boards. Ch. 



in its opinion the safety and interest of the public require ; 
and the boards of health and councils of municipal corpora- 

to be like other boys of his age, and inflicted ouly a proper punishment, 
then she would not be liable at all, even though unfortunately some hidden 
defect in the boy's constitution should cause injury to his health to follow. 
Or, if they should find for the plaintiff, this fact of ignorance on her part 
would prevent her from being liable for any consequence arising from such 
weakness or predisposition in the boy, of which she was ignorant in fact* 
and of which his appearance furnished no warning. It is the duty of 
parents who send their children to school, whose health or disposition 
would render the punishment permitted by the rules of the school danger- 
ous or improper, to see the teacher is informed of the fact." 

The parent may be said to exercise a judicial authority in determining 
what punishment, by himself, is proper for his child, but is liable, criminally) press malice 
in a clear case of excess. Johnson v. State, 2 Tlumph., '-83. The teacher also t0 e cnmin6y 
acts judicially in such a case, and is not to be made liable, civilly or 
criminally, unless he acted with express malice, or was guilty of such 
excess that malice must be implied. State v. Pendergrass, 2 Dev. and Bat, 
365. Cooper v. McJunkin, 4 Ind. R. 290. 

After citing all of these cases, except the first, Judge Cooley appends 
this note: 

"It may be proper to observe, however, that public sentiment does not 
now tolerate such corporal punishment of pupils in schools as was formerly 
thought permissible and even necessary." 1 Cooley 's Blackotone, 453. 

Justice Tillinghast, of the Supreme Court of Rhode Island, speaks of 
the authority of a teacher to take notice of a pupil's conduct when out of 
school, or after school is dismissed, as follows: 

" Upon this point there is some difference of opinion in the community, 
but the law seems to be well settled, and is this — that for such misbehavior 
out of school as has a direct and immediate tendency to injure the school, mjft^dout'of- 
to subvert the master's authority, and to beget disorder and insubordination, school, 
the teachtr may inflict corporal punishment. 'It is not misbehavior 
generally,' says Aldis, J., 'or towards other persons, or even towards the 
master in matters in no ways connected witn or affecting the school. For 
as to such matters, committed by the child after his return home from 
school, the parent* and they alone, have the power of punishment.' But 
where the offense has a direct and immediate tendency to injure the school 
and bring the teachers' authority into contempt, as in this case, when done 
in the presence of other scholars and of the teacher, and with a design to 
insult her, she has the right to punish the scholar for such acts, if he comes 
again to school. 

'" The misbehavior,' says the same Judge, ' must not have merely a re- 
mote and indirect tendency to injure the school. All improper conduct or 
language may, perhaps, have, by influence and example, a remote tendency 
of that kind. But the tendency of the acts so done out of the teacher's su- 
pervision, for which he may punish, must be direct and immediate in their 
bearing upon the welfare of the school, or the authority of the teacher and 
the respect due him.' 

5 



66 OHIO SCHOOL LAWS. 



Ch- ". Provisions Applying to all Boards. 



tions, and the trustees of townships shall, on application of the 
board of education of the district, provide at the public ex- 
penses, without delay, the means of vaccination to such 
pupils as are not provided therewith by their parents or 
guardians. [69 v. 22, § 1.] 

"Cases may readily be supposed which lie very near the line, and it- 
will often be difficult to distinguish between the acts which have such im- 
mediate, and those which have such a remote, tendency. Hence, each case 
must be determined by its peculiar circumstances. 
Acts to injure "Acts done to deface or injure the school-room, to destroy the books of 

«rtv 6faCe Pr ° P HCn °l ar s.. or the books or apparatus for instruction, or the instruments of 
punishment of the master ; language used to other scholars to stir up disor- 
der and insubordination, or to heap odium and disgrace upon the master ; 
writings and pictures placed so as to suggest evil and corrupt language, 
images and thoughts to the youth who must frequent the school ; all such 
or similar acts tend directly to impair the usefulness of the school, the wel- 
fare of the scholars, and the authority of the master. By common con- 
sent, and by the universal custom in our New England schools, the master 
Jias always been deemed to have the right to punish such offenses. 

" Such power is essential to the preservation of order, decency, decorum, 
and good government in schools." 

If the effects of acts done out of school-houses reach within the school- 
room during school hours, and are detrimental to good order and the best 
interests, of the pupils, it is evident that such acts may be forbidden. Bur- 
dick & Chandler v. Babcock et al., 31 Iowa, 562. 

Though a school-master has, in general, no right to punish a pupil for 
misconduct committed after the dismissal of school for the day and the 
return of the pupil to his home, yet he may, on the pupil's return to school, 
punish him for any misbehavior, though committed out of school, which 
has a direct or immediate tendency to injure the school and to subvert the 
master's authority. 32 Vermont, 114. 

* In general, the courts of the Eastern States — notably, the Supreme 
Court of Vermont — in their decisions sustain the authority of the teacher 
and the doctrine that he stands in loco parentis much more fully than do the 
AVestern courts. 



SCHOOL OFFICERS GUIDE. 



67 



School-houses and Libraries. 



CHAPTER 8. 



SCHOOL-HOUSES AND LIBRARIES. 



Ch. 8. 



■Section 
3987. 
3988. 

3989. 

3990. 

3991. 



3993. 
3994. 



3995. 



Boards to provide school-houses. 
Directions for bidding and for let- 
ting contracts. 
Erection of school-houses in joint 

sub-districts. 
When board may appropriate 

property. 
When and how question of tax 

levy submitted to voters. 
If levy approved, board to certify 

it to auditor. 
How the levy may be anticipated. 
Issue of bonds by boards of city 

districts of first class. 
Certain boards may appropriate 

money for library, etc. 
Lew for librarv in cities. 



Section 

3997. How library tax to be expended. 

3998. Board may appoint librarian, etc. 

3999. In certain cities may appoint man- 

agers of library. 

4000. Board of Cleveland to appoint li- 

brary committee. 
•10.1. Powers and duties of such com- 
mittee. 

4002. How library tax to be expended. 

4003. Consolidation of libraries in Ports- 

mouth authorized. 

4004. Board of Portsmouth to appoint 

library committee. 

4005. Powers* and duties of such com- 

mittees. 
400(1. How such library maintained and 
managed. 



SCHOOL-HOUSES. 

Section 3987. The board of education of any district is 
empowered to build, enlarge, repair, and furnish the neces- 
sary school-houses, purchase or lease sites therefor, or rights 
of way thereto, or rent suitable school rooms, and make all 
other necessary provisions for the schools under its control. 
Directors of sub districts shall, under such rules and regula- 
tions as the township board of education may prescribe, pro- 
vide fuel for schools, build, enlarge, repair, and furnish school- 
houses, purchase or lease sites therefor, rent school-houses, 
build and keep in good repair all fences enclosing such school- 
houses, plant shade and ornamental trees on the school grounds, 
and make all other provisions necessary for the convenience 
and prosperity of the schools within their sub-districts, and 
the township board shall be held responsible, in its corporate 
capacity, for all contracts made by such directors, when they 
are made in accordance with the rules and regulations of the 
township board, or any resolution thereof. [70 v. 195, § 55; 
82 v. 286 ; 83 v. 84.] 



Section 3987 (a). The law requires, under severe penalties to be vis- 
ited on those who have control thereof, that "all school-houses are to have 
ample means of convenient egress, and doors opening outward." For re- 
quirements as to certificates regarding the safety of such buildings, and the 
penalties i elating to neglect, see Revised Statutes, sections 2568, 2572, and 
7010 (amended 1883). 

(6). As to any building otherwise " in a condition dangerous to life or 
health," see Revised Statutes, sections 2128 and 2466. 



School-houses 



Safety of build- 
ings—of egress. 



68 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-Houses and Libraries. 



[Section 1. Be it enacted by the General Assembly of the 
State of Ohio, That when, in the judgment of any board of edu- 
cation, it will be for the advantage of the children residing 
in any school district to hofd literary societies, school exhibi- 
tions, singing schools, or religious meetings, the board of edu- 
cation shall, upon the application of the sub-district directors, 
authorize the opening of such school-houses for the purposes 
aforesaid. 

Sec 2. This act shall take effect on its passage. 

Passed January 31, 1889.] 



Statute refer- 
ring to care of 
buildings. 



Use of school- 
houses for 
other purposes. 



Local directors 
are to follow 
direetione of 
township 
board. 



Local board 
building com- 
mittee. 



(c). Concerning the full power of boards of education, teachers, or 
other citizens, to secure protection against the injury or defacement of 
"school-houses, school-yards, trees, fences, gates and bars," see Eevised 
Statutes, section 6863, also sections 6877 and 6896, as quoted under section 
3972. Any citizen may prosecute the transgressor in these cases. School- 
houses, school furniture, and other school property belonging to the town- 
ship, and not to the sub-district, are entirely under the legal control of 
the township board. 

(d). Directors have also a supervisory care of the school-house and 
other school property in their sub-district, but their authority is subordinate 
to that of the township board, and must always be exercised in obedience 
to their directions. 

(e). It is the duty of the township board of education to exercise such 
supervision over the school-houses in the several sub-districts, as may be 
necessary to prevent their being used in such a manner and for such pur- 
poses as may interfere with their use, for the legitimate and special purposes 
for which they were erected. 

(/). A lease of a public school-house for the purpose of having a pri- 
vate or select school taught therein for a term of weeks is in violation of the 
trust ; and such use of the school-house may be restrained at the suit of a 
resident taxpayer of the district. 3o O. S., 143. 

(g). Where a township board has resolved to sell the old site of a sub- 
district school-house, and has purchased a new site, and, notifying the local 
directors of the sub-district of their action in the premises, instructed them 
to sell the former, and to build a new school-house on the latter, and the 
local directors, disregarding such instructions, proceed to build a new school- 
house on the old site, and keep up a school therein — Held : That the local 
directors are guilty of such insubordination and neglect as to justify the 
township board in exercising the powers and duties which would otherwise 
devolve on the local directors, and in building a school-house on the new 
site, and in employing a teacher therein ; and such teacher is entitled to be 
paid his wages out of the township treasury, on the order of the township 
board. State v. Lynch, 8 O. S., 348. 

(h). Building Committees. — In township districts, directors are the legal 
building committees, but they can take the necessary steps for building or 
repairing only under the instruction and by the authority of the board of 
education. 



SCHOOL OFFICERS' GUIDE. 69 



School-houses and Libraries. Cn - 8 - 



Sec. 3088. When a board of education determines to Directions^ 
build, repair, enlarge, or furnish a school-house or school- £2£ a *T' 
houses, or make any improvement or repair provided for in 
this chapter, the cost of which will exceed, in city districts 
of the first and second class, fifteen hundred dollars, and in 
other districts five hundred dollars, except in cases of urgent 
necessity, or for the security and protection of school prop- 
erty, it shall proceed as follows : 

1. The board shall advertise for bids, for the period of 
four weeks, in some newspaper of general circulation in the 
district, and two such newspapers, if there are so many ; and 
if no newspaper has a general circulation therein, then by 
posting such advertisements in three public places therein, 
which advertisements shall be entered in full by the clerk, on 
the record of the proceedings of the board. 

2. The bids, duly sealed up, shall be filed with the clerk 
by twelve o'clock, noon, of the last day stated in the adver- 
tisement. 



(t). Under the act of March 14, 1853 (51 v. 429), a township board of 
education has the power to designate the particular place where school- 
houses in sub-districts shall be built ; and the powers which, in this respect, 
the statute confers on the local directors of a sub-district, are to be exercised 
in subordination to the paramount authority of the township board of edu- 
cation. Hughes v. Board of Education, 13 O. S., 336. 

(j). If a board refuses to appropriate sufficient funds to build a good 
school-house, the directors may appeal to the county commissioners. 

(k) Directors cannot receive any portion of the school funds for dis- 
bursement, but, on the contrary, they are required to report all contracts 
for fuel, etc. o the township board for payment; and unless the township 
clerk is authorized by a resolution of the board to draw the requisite orders 
for amounts certified' by directors to be due, in any given case, on contracts 
legally made by them, such contracts can only be paid after they have been 
duly reported to the board and approyed. See section 4047. 

(I) But as such resolution provides for the payment of money through 
the agency of such local directors, the records must show that it was passed 
by the required " majority of all the members legally comprising the board." 
Section 3982. 

* Section 3988 (a). Clause 4, of Revised Statutes, which provides that 
a board of education engaged in the erection of a school building, " may, 
in its discretion, reject all the bids," does not authorize the acceptance of 
any " but the lowest responsible bid." &2 O. S., 374. 

* (6). " By the proviso to the 55th section of the school law [sec. 3988, 
R. S.], township boards of education are required, when the cost of build- 
ing a school-house or other improvement exceeds five hundred dollars, t« 



;o 



OHIO SCHOOL LAWS. 



Ch. 8. 



School- houses and Libraries. 



3. The bids shall be opened at the next meeting of the 
board, be publicly read by the clerk, and entered in full on 
the records of the board. 

4. Each bid shall contain the name of every person in- 
terested in the same, and shall be accompanied by a sufficient 
guarantee of some disinterested person, that if the bid be ac- 
cepted, a contract will be entered into, and the performance 
of it properly secured. 

5. When both labor and materials are embraced in the 
work bid for, each must be separately stated in the bid, with 
the price thereof. 

6. None but the lowest responsible bid shall be accepted ; 
but the board may, in its discretion, reject all the bids, or ac- 
cept any bid for both labor and material which is the lowest 
in the aggregate for such improvement or repair. 



Contract to be 
let on bids. 



When other- 
wise. 



Local boards 
not authorized 
to advertise 
and open bids. 



House to cost 
810,000. 



Whenmemb'rs 
of the board in- 
dividually 
liable. 



When contrac- 
tors act at their 
•wn peril. 



advertise, and let the same to the lowest responsible bidder, unless in case 
of urgent necessity, or for the security and protection of school property. 
This is a duty imposed on the board in its corporate capacity, and cannot 
be delegated to the local directors of the sub-district in which the school- 
house or other improvement is to be made." 38 O. S., 383. 

(c). Boards of education, and not local directors, are to receive bids. 
In a suit upon a contract under this statute, where the cost of the building 
exceeds $500, it must appear from the records of the board that the contract 
was let after and upon such bids, or that it was a case of urgent necessity 
for the security of school property. 

The record and proceedings of local directors, showing that they duly 
complied with the requirements of the law to advertise, are incompetent 
evidence, since local directors are not authorized to advertise, open bids, 
and award the contract. If such incompetent evidence in favor of the pre- 
vailing party is allowed to go to the jury against the objection of the other 
party, error to his prejudice will be presumed, without showing that the 
jury was influenced by it. Error from District Court, Guernsey county, to 
Supreme Court, October 26, 1882. 

(d). When the school-house is to cost $10,000 or over, see section 794, 
Revised Statutes. 

(e). Individual members of a board and local directors as mere agents 
of the board, must see that their acts bind the board ; for if they do not 
secure their principal a right of action or defense, they will themselves be 
personally liable. Ives v. Hulet, 12 Vt., 314 ; 58 Mo., 245. This principle 
also applies to the acts of boards of education who, in their corporate ca- 
pacity, seek to bind the district for which they act, as also their successors. 

(/). But those who deal with officers of a corporation must ascertain, 
at their peril, what they will be conclusively presumed to know, that these 
public agents are "strictly within the sphere limited and prescribed by law, 



SCHOOL OFFICERS GUIDE. 



7* 



School-houses and Libraries. 



Ch. 



7. Any part of a bid which is lower than the same part 
of any other bid, shall be accepted, whether the residue of the 
bid is higher or not; and if it is higher, such residue shall 
be rejected. 

8. The contract shall be between the board of education 
and the bidders; and the board shall pay the contract price 
for the work, when it is completed, in cash, and may pay 
monthly estimates as the work progresses. 

9. When two or more bids are equal, in the whole, or in 
any part thereof, and are lower than any others, either may 
be accepted, but in no case shall the work be divided between 
the makers thereof. 

10. When there is reason to believe that there is any 
collusion or combination among the bid ers, or any number 
of them, the bids of those concerned therein shall be rejected. 
[70 v. 195, § 55.] 



and outside of which they are powerless to act. 60 Mo., 53; Whiteside v.. 
IT. S., 93 U. S. Kep., 247 ; 9th Ed. Story on Agency, sec. 307. 

Still, it is well settled that where persons deal with an officer of a cor- 
poration, who assumes authority to act iu the premises, and no want of au- 
thority or irregularity is brought to the knowledge of the party so dealing 
with the corporation, and there is nothing to excite suspicion of such defect,, 
the corporation is bouud, although the agent exceeded his powers. 57 Mo.,. 
207 ; 93 U. S. Rep., 247. 

(</). Unauthorized expenditures, not ultra vires, deemed beneficial, may 
be ratified, and in such case this ratificayou is equivalent to previous au- 
thority. 8 Fost. N. H., 65 ; 32 N. H., 118. But the subsequent use, in the 
school, of materials unlawfully contracted for, does not amount to such a 
ratification as will bind the district. 67 Mo., 319. 

(h i. Ratification of the acts of a committee in building upon the land 
of a district a more expensive house than they were authorized to do by 
vote of the corporation, cannot be inferred from the mere fact that the 
school is kept in for a few weeks, there being no evidence that the corpora- 
tion had knowledge of the over- expenditure, or had taken any action on 
the subject. Dillon on Municipal Corpoiations, 480. This will probably 
apply to the case of local directors acting as agents of the board of educa- 
tion in building a house. It is evident from the above that in order to bind 
their principals the agents must describe themselves as agents of such prin- 
cipals, and their business must be of the kind to which the duties and pow- 
ers of the principal pertain, and must not be actg prohibited as either crim- 
inal or against public policy. 

(i) All contracts made by the board or its agents should be in writing 
and in duplicate, and one cbpy should be filed with the clerk of the board. 
The laws of some states require this. This is not, however, necessary to 
make a contract binding. 



When unau- 
thorized ex- 
penditures 
may he rati- 
fied. 

When not. 



Exceeding at 
thority as to 
cost of build- 
ins. 



Contracts 

should )m fii 
writing. 



72 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



Erection of 
chool-houses 
n joint sub- 
district. 



When boards 
may appropri- 
ate property. 



Sec. 3989. When it becomes necessary to rebuild the 
school-house of a joint sub district, or, for the better accom- 
modation of scholars, to change the school-house site and erect 
a new building thereon, the question of such rebuilding, or of 
such change of site and erection of a new building, shall be 
determined by a majority vote of the board of directors of 
such sub district, and in such manner as to secure the better 
accommodation of a majority of scholars in the same ; any 
funds which may be or have been assessed and collected for 
the building of such school-house shall be transferred to the 
custody of the board of education of the township in which 
the new building is to be erected, which board shall proceed 
in all matters connected with the erection oi the building in 
accordance with the provisions of this chapter; and if the 
location be changed to another township, the personal prop- 
erty belonging to such sub-district shall bs transferred to the 
board of education of such township; and any real property 
belonging thereto, and situated in the township from which 
the location is changed, shall be sold by the board of educa- 
tion of such township, and the proceeds of the sale transferred 
to the board of education of the township to which the loca- 
tion is changed. [72 v. 63, § 36.] 

Sec. 3990. When it is necessary to procure or enlarge a 
school-house site, and the board of education and the owner 



Proceedings to 
be completed 
before erection 
of building. 



Powe? to con- 
demn strictly 
construed. 



Owner, when 
-entitled to 



Sec. 3989. Under section 3928 the boards of education which establish 
a joint sub-district are to fix upon the place for building the school-house. 
This section does not seem to interfere with that provision, but to enact the 
manner of fixing upon the site on any subsequent occasion. 

Sec. 3990 (a). Section 2232 et seq., of the Revised Statutes refer to 
this subject. 

(b). Before building on such property, it is best to complete the pro- 
ceedings befoie the court or courts, if an appeal is taken, and to wait until 
the time for appeal has elapsed, as such appeal may be taken and may re- 
verse the proceedings below. 

(c). The power to condemn private property to public uses against the 
will of the owner is a stringent one, based on public necessity or urgent 
public policy, the rule requiring the power to be strictly construed, and the 
prescribed mode for its exercise strictly followed, is a just one, and should, 
within all reasonable limits, be inflexibly adhered to. Dillon on Man. 
Corp., 569. 

(d). The owner is entitled to full payment of the damages assessed, 
before his title is extinguished or his control of the premises ceases. In 



SCHOOL OFFICERS GUIDE. 



73 



School-houses and Libraries. 



Ch. 8. 



of the proposed site or addition are unable, from any cause, 
to agree upon the sale and purchase thereof, the board shall 
make an accurate plat and description of the parcel of land 
which it desires for such purpose, and file the same with the 
probate judge of the proper county; and thereupon the same 
proceedings of appropriation shall be had which are provided 
for the appropriation of private property by municipal cor- 
porations. [70 v. 195, § 65.] 

Sec. 3991. When the board of education of any district, 
except a city district of the first class, determines that it is 
necessary, for the proper accommodation of the schools of such 
district, to purchase a site or sites, and erect a school-house 
or school houses thereon, or to do either, and ascertains that 
the purchase of such site or sites, and the erection and fur- 
nishing of such school-house or schoo -houses, or either, will 
require a greater tax upon the property of such district than 
the board is authorized by this title to levy, and that to pro- 
vide the means therefor it will be necessary to issue bonds, it 
shall make an estimate of the probable cost of such site or 
sites, and such school-house or school-houses, or of either, and 



any case of voluntary dedication or of involuntary surrender of property 
to a public use, the property reverts to the owner, when the use entirely 
ceases. 

(e). In case premises have been dedicated to a special use, there is no 
power to alienate such premises without the consent of the dedicator or his 
representatives, even though the lots, by reason of a railway or depot near 
by, have been rendered unsuitable for such use, or even dangerous. 18 
Ohio, 221. 

Sec. 3991 (a). It cannot be too often repeated that aboard of education 
speaks only through its records. Its acts, findings, and determinations are 
only known by its records. Hence, although the words of the statute may 
not clearly settle the question, yet it is safest to assume that this determina- 
tion is to be an official determination. Purchasers of bonds are likely to 
scrutinize such matters closely, and they will question whether the board 
acquires jurisdiction to take steps for raising a tax unless it first officially 
"ascertains" and "determines" all the preliminary facts mentioned in the 
statute, and makes a record of such finding. 

(b). When the statute requires that notice shall be given of the matter 
to be acted on, a failure to insert such matter will render void any act done 
with respect to the matter not so embraced as required. 18 Maine, 184 ; 12 
Cushing, 294. It is presumed that the people of a district know the days 
appointed by law for the ordinary affairs of the district, yet if it is intended 
to proceed to any other act of importance a notice is necessary, the same as 
at any other time. Dillon on Man. Corp., 319. 



When and bow 
questions of 
tax-levy sub- 
mitted to 
voters. 



When property 
reverts. 



Dedication to 
special use. 



Record of pro- 
ceedings to 
issue bonds. 



Notice must 
contain master 
to be acted on. 



74 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



If levy approv- 
ed, board to 
certify it to au- 
ditor. 



How the levy ' 
may be antici- 
pated. 



at a general election, or a special election called for that pur- 
pose, shall submit to the electors of the district the question 
of levying taxes for such purposes, or either of them, and the 
further questions whether the levy shall be made from year 
to year thereafter, and what amount shall be levied each year 
until the actual cost of such site or sites, and the erection of 
such school-house or school houses, or either is raised; and 
ten days' notice of such submission shall be given by the 
board, by posters put up in five of the most public places in 
the district, which shall state the time, place, and object of 
the election. [70 v. 241, § 61.] 

Sec. 3992. If a majority of the electors at such election 
vote in favor of levying taxes for such purposes, or either of 
them, of continuing the levy from year to year thereafter, 
and for the amount to be levied each year, the board shall 
certify the levy annually to the county auditor, who shall 
place the same upon the tax duplicate in the same manner 
that other taxes certified by such board are required to be 
placed thereon; and when the district is divided by a county 
line, the levy shall be certified, collected, and paid in the 
manner provided in sections thirty-nine hundred and sixty-one 
and thirty-nine hundred and sixty-two, in the case of levies for 
joint sub-districts. [70 v. 195, § 62.] 

Sec. 3993. To enable such board to anticipate the money 
to be raised it may borrow the sum of money necessary, not 
exceeding the amount so authorized to be levied, and issue 
bonds therefor, payable as indicated by the vote provided for 
in section thirty-nine hundred and ninety-one, after a certain day 



Mode of rais- 
ing funds. 



Official signa- 
tures. 



Injunction 
against exces- 
sive issues. 



Sec. 3993 (a). Boards of education are not authorized to raise money 
on notes or bonds except as provided for by statute. 

(b). Bonds signed by the president and clerk of the board are officially 
signed. 

(c). When specific power is given by the legislature authorizinga board 
of education to issue negotiable bonds for school purposes upon certain con- 
ditions prescribed, the regularity of proceedings of the board cannot be dis- 
puted, where the bonds, upon their face, purport to have been issued under 
the law in question, and where they have been sold by the board and after- 
wards passed into the hands of a bona fide holder. 

Mandamus is the proper remedy to compel the board to appropriate 
moneys already in their treasury for that purpose, toward the payment of 
such bonds, and to levy such tax as may be necessary to complete such pay- 
ment, 27 O. S., 96. 



SCHOOL OFFICERS GUIDE. 75 

School-houses and Libraries. Ch. 8. 

to be named therein, and bearing interest payable semi-an- 
nually, at a rate specified therein, not exceeding six per cent- 
um per annum ; the bonds si all be in such sums as the board 
may determine, be numbered consecutively, made payable to 
the bearer, bear date the day of sale, and be signed by the 
board officially; the clerk of the board sha.'l keep a. record of 
the number, date, amount, and rate of interest of each bond 
sold, the sum for which and the name of the person to whom 
sold, and the time when payable, which record shall be open 
to the inspection of the public at all reaaonable times ; and 
the bonds so issued shall in no case be sold for a less sum than 
their par value, nor bear interest until the purchase money 
for the same shall have been paid by the purchaser. [70 v. 
195, §63.] 

Sec. 3994. The board of education of any city district of issue of bonds 

1 , by boards of 

the first class, except a district embracing a city of the first city districts of 

r . first class. 

grade of the first class, may issue bonds to obtain or improve 

public school property, and in anticipation of income from 

taxes for such purpose, levied or to be levied, may, from time 

to time, as occasion requires, issue and sell bonds, under the 

restrictions and bearing a rate of interest specified in the 

preceding section, and pay such bonds and interest thereon 

when due, but shall so provide that no greater amount of such 

bonds shall be issued in any year than would equal the ag- 
gregate of a tax at the rate of two mills, for the year next 

preceding such issue ; but the order to issue such bonds shall 

be made only at a regular meeting of the board, and by a 

vote of a majority of all the members thereof, taken by yeas 

and nays, and entered on the journal of the board. [75 v. 

526, § 56.] 

LIBRARIES. 

Sec 3995. In any district the board of education may CertaiI1 boards 
appropriate mone\ from the contingent fund for the purchase "e^m^ney^or 

library, etc. 

Sec. 3994. An iuiunction would lie against a board of education which „ ... , 

, . r , • 7 • i i i Establishment 

sought to issue bonds in excess ol this authority, but only as to such excess, of libraries 

and not to the whole. 47 Mich., 226 ; 43 Iowa, 48. 

Sec. 3995 (a). For the establisnment of a public library by township 

trustees, see R. S., sees. 1476-1478. For powers of city and village councils. 

gee section 1692, R. S. 



*j6 OHIO SCHOOL LAWS. 

A 



Ch. 8. School-houses and Libraries. 



of such books, other than school books, as it may deem suit- 
able for the use and improvement of the scholars and teachers 
of the district, and in the purchase of philosophical or other 
apparatus for the demonstration of such branches of educa- 
tion as may be taught in the schools of the district, or for 
either of such purposes ; but not more than one-half of the 
amount herein authorized to be appropriated shall be ex- 
pended in the purchase of such apparatus ; such appropria- 
tion shall not exceed, in any one year, twelve hundred dollars 
in city districts containing cities of the first grade of the first 
class, three hundred dollars in other city districts of the first 
class, one hundred and fifty dollars in city districts of the 
second class, and seventy-five dollars in other districts; and 
the books so purchased shall constitute a school library, the 
control and mangement of which shall be vested in the board 
of education. The board of education of any city of the second 
class, fourth grade, having a free public library organized, in 
pursuance of law, may allow such free public library associa- 
tion the use and control of the public school library, subject, 
however, to such rules, regulations, and restrictions as said 
board of education may prescribe for the use and control 
thereof. [72 v. 29, § 51 ; 78 v. 110.] 
Levyforii- Sec 3996. For the purpose of increasing and maintain- 

toary ft in cities. .^ the gchool library f c i ty districts, the board of education 

What is appar- (&)• The question sometimes arises as to what is apparatus. It is not 

•atus. customary to regard maps and charts as such. These, like clocks, desks, 

black-boards and black-board furniture, would be classed among the essen- 
tials for furnishing a school, and they may probably be purchased under 
section 3987, as provisions necessary for the convenience and prosperity of 
the schools. 

* (c). Boards of education may purchase " school or reading charts" for 
use in the schools of their respective districts, and are not limited to the 
amount authorized io be expended by the provisions of section 3995, E. S. 
2 O. Circuit Eep., 363, 

* (d). Under the statute providing for instruction as to the nature of 
alcoholic drinks and narcotics, and their effects on the human system, in 
connection with the subject of physiology and hygiene, in all grades of the 
schools, and which makesit the duties of boards of education to make pro- 
vision for such instruction, it seems a reasonable construction of the act 
that such boards are authorized to purchase such anatomical studies and 
charts as they may deem necessarj to give this instruction successfully 
without regard to the limitations as to the amount to be expended, set forth 
in this section 3995. 



SCHOOL OFFICERS GUIDE. JJ 

School- houses and Libraries. Ch. 8. 

may levy annually a tax of one-tenth of one mill on the 
dollar valuation of the taxable property thereof, to be assessed, 
collected, and paid in the same manner as are other school 
taxes of such districts. [64 v. 62, § 1.] 

Sec. 3997. Tne amount of such tax, when collected, How library 
shall be expended, under the direction of the board, for the vended. 
purchase of such books as are suitable for public school libra- 
ries, the bills for which, with the attendant expenses, shall 
be 'certified by the president and clerk, and paid by the treas- 
urer of the school funds. [64 v. 62. § 2.] 

Sec. 3998. The board may appoint a librarian, fix his Board may ap- 
compensation, and make all needful rules and regulations for nan, etc. 
the management of the library, to which every family resi- 
dent in such city districts shall have access. [64 v. 62, § 3.] 

Sec 3999. In cities not having less than twenty thous- T . . 

B J In certain 

and inhabitants, the board of education having custodv of ^i^^oard 

C - TllH y etlDpOllll 1 

any public library therein may, at any regular meeting, ubrarf? 180 * 
adopt a resolution providing for a board of managers of such 
library, and shall thereupon elect, by ballot, two persons to 
serve as members of such board for a term of three years, two 
persons to serve for a term of one year ; and annually there- 
after two persons shall be elected to serve for a term of three 
years; all vacancies in such board shall be filled by the board 
of education by ballot, and a person so elected shall serve 
during the unexpired term of his predecessor; the president 
of the board of education shall be a member of the board of 
managers ex-officio; and the board of managers shall at all 
times be amenable to and under the control of the board of 
education, as to tenure of office and authority, and shall serve 
without compensation. [64 v. 100, § 1.] 

Sec. 4000. The public library board of the city of Cleve- 

■' J Cleveland 

land shall consist of seven suitable persons, residents of said public library 
city, no one being a member or officer of the board of educa- 
tion. The members of the library board shall serve without 
compensation, and hold their offices for three years, and until 
their successors shall have been elected and qualified, except 
that at the first election two of the board shall be elected for 
one year, two for two years, and three for three years. After 
said first election so many shall be elected each year as equals 
the number whose term expires that year. They shall be 



78 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



Powers and 
duties of li- 
brary board. 



Library tax, 
and how ex- 
pended. 



elected by roll-call as in other cases, by the board ol education 
of the city of Cleveland, at its first regular meeting after the 
third Monday of April, 1886, and annually thereafter as 
hereinbefore provided. The board of education shall have 
power at any time to fill vacancies in the library board for 
unexpired terms by election as aforesaid. [75 v. 101, § 1 ; 80 
v. 172 ; 83 v. 104.] 

Sec. 4001. Such library board shall report in writing to 
the board of education once each year, and oftener if required 
by the latter, shall have exclusive charge and control of the 
public library of the city, and shall have full power to make 
all rules and regulations for the government and management 
thereof; to employ a librarian and such assistants and helps 
as may be needed for the care and protection of the library, 
and to attend to the drawing and return of books; but prior 
to such employment the compensation of such librarian, as- 
sistants and help, shall be fixed by the library board, by a 
majority of the members thereof voting in favor of such com- 
pensation, on roll-call by the secretary, and such librarian, 
assistants and help shall be employed by a vote in the same 
manner. [76 v. 50, § 2 ; 78 v. 132 ; 80 v. 172.] 

Sec. 4002. For the purpose of increasing and maintain- 
ing the public library in said city, and the territory thereto 
attached for school purposes, such library board may levy 
annually a tax of two and one-half tenths of one mill on 
each dollar valuation of the taxable property of the city, and 
the territory thereto attached for school purposes, to be levied, 
collected and paid in the same manner as are the school taxes 
of the city; all moneys appropriated, received or collected by 
tax for the library, shall be expended under the direction of 
the library board in purchasing such books, pamphlets, 
papers, magazines, periodicals, journals and other property 
as may be deemed (suitable for the public library, and in pay- 
ment of all other charges and expenses, including compensa- 
tion to the librarian, assistants and help, that may be incur- 
red in increasing and maintaining the library; and the pay- 
rolls and all warrants upon the treasurer given to pay such 
expenditures, upon the order of the library board, be certified 
by the president and secretary of such board, and paid by 



SCHOOL OFFICERS GUIDE. 79 

School-houses and Libraries. Uh. 8. 

the treasurer of the city from such library fund. [76 v. 50, § 
3; 80 v. 173.] 

Sec. 4003. In all cities which at the last federal census Consolidation 

ij. i ± c -i i i i of libraries in 

had, or at any subsequent lederal census may have, a popula- Portsmouth 
tion of ten thousand five hundred and ninety two, it shall be 
lawful to merge any public library therein heretofore estab- 
lished with any other library or reading room therein exist- 
ing ; but the library formed by such consolidation shall be 
kept open for the use of the public at all reasonable hours. 
[75 v. 541, §1; 76 v. 27, § 1/| 

Sec. 4004. The board of education of every such city Board of Ports- 
shall, at its first regular meeting after the second Monday in point library 
June, 1879, elect by ballot three suitable persons, residents of 
the city, but other than members of such board, who shall be 
known as the library committee of the city, one to serve for 
one year, one for two years, and one for three years, and until 
their successors are duly elected and qualified, and shall, an- 
nually thereafter, elect in like manner one person with the 
same qualifications, to serve for three years, and until his suc- 
cessor is elected and qualified ; and any vacancy in such com- 
mittee shall be filled for the unexpired term at the first regu- 
lar meeting of the board held after the same occurs. [75 v. 
541, §2; 76 v. 97, § 2.] 

Sec. 4005. Such committee shall report in writing to p owereana » 
the board of education at least once each year, and oftener if l^mittee™* 11 
required by the board, and shall have entire charge and con- 
trol of the school library in the city, with full power to make 
all rules and regulations for the government and regulation 
thereof, to employ a librarian, a*nd such assistants and help 
as may be needed for its care and protection, and to require 
of the librarian such bond as they may deem proper for the 
faithful performance of his duties, and to attend to the draw- 
ing and return of books; but the salary of such librarian, 
and the rate of compensation of such assistants and help, 
shall be fixed by resolution prior to such employment. [76 
v. 97, § 3.J 

Sec 4006. For the purpose of increasing and maintain- rowers and 

« i i-i • • •,• ,- i • • r 7 duties of libra- 

ing school libraries in cities mentioned in section forty hun- r>- committees 
dred and three of the Revised Statutes of Ohio, and the territory 
thereto attached for school purposes, such library committee 



in Portsmouth. 



8o 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance enforced. 



in such cases is authorized to annually levy a tax of two- 
tenths of one mill on the dollar valuation of the taxable prop- 
erty ot such cities aforesaid, and the territory thereto attached 
for school purposes, to be assessed, collected, and paid in the 
same manner as are the school taxes of such cities; and all 
money appropriated or collected by tax for such library shall 
be expended under the direction of said library committee 
in the purchase of such books, pamphlets, papers, magazines, 
periodicals, and journals, as may be deemed suitable for the 
public school library, and in payment of all other costs and 
charges, including the salaries of the librarian and assistants, 
that may be incurred in maintaining such libraries, the bills 
and pay-rolls for which said expenditures, shall, upon the 
order of the library committee, be certified by the chairman 
and secretary of such committee, and paid by the treasurer of 
the board of education of said city from such library fund. 
[55 v. 541, §2; 76 v. 97, § 4 ; 78 v. 176] 



CHAPTER 9. 



SCHOOLS, AND ATTENDANCE ENFORCED. 



Section 
4007. Sufficient schools must be provi- 
ded. 

Schools for colored children. 

Schools of higher grade than pri- 
mary. 
4010. Schools at "children's homes" 
and county infirmaries. 

Youth may be s nt to charity 
school at Zanesville. 

Evening schools. 

Who may be admitted to public 
schools.' 

Suspension and expulsion of pu- 
pils. 

4015. Teachers may dismiss schools on 

holidays. 

4016. School year, month, and week. 

4017. Board to control schools, and ap- 

point officers. 



4008. 
4009. 



4011. 



4012. 
4013. 



4014. 



Section 

4018. Directors to employ, pay, and dis- 

miss teachers. 

4019. Teacher dismissed for insufficient 

cause may institute suit. 

4020. Board to determine studies and 

text-books. 
'4021. When German language to be 

taught, etc. 
4022. Pupils may be sent from one dis- 
trict to another. 

4025. Boards to ascertain condition 

children not at school. 

4026. When board may supply pupil 

with books. 

4027. Penalties against violation 'of pre- 

ceding provision. 
4029. What is equivalent to attendance 
on day school. 



Sufficient 
schools must 
be provided. 



SCHOOLS. 

Section 4007. Each board of education shall establish'a 
sufficient number of schools to provide for the free education 
of the youth of school age within the district under its control, 



Section 4007 (a). In determining the question as to how many schools 
are'necessary in the districts, either of townships, villages, or cities, three 



Boards of edu- 
cation may 
establish 



SCHOOL OFFICERS' GUIDE. 8 1 

Schools, and Attendance Enforced. Ch. 9. 

at such places as will be mo3t convenient for the attendance 
of the largest number of such youth, and shall continue each 
and every day school so established not less than twenty-four 
nor more than forty-four weeks in each school year ; and each 
township board of education shall establish at least one pri- 
mary school in each sub-district under its control. [75 v. 513, 
§50.1 

[Section 4008, which authorized boards of education to 
provide separate schools for colored children, was repealed 
February 22, 1887. See rotes.] 

Sec. 400 K Any board of education may establish one or 
more schools of higher grade than the primary schools, when- 
ever it deems the establishment of such school or schools highergride 
proper or necessary for the convenience or progress of the tban primftry 
pupils attending the same, or for the conduct and welfare of 
the educational interests of the district; and such school or 
schools when so established, shall not be discontinued under 
three years from the time of the establishment thereof, except 
by a vote of three-fourths of the members of the board of edu- 
cation of each township. [75 v. 513, § 50; 79 v. 37.] 

things should be carefully considered : 1. Convenience of access. 2. Econ- 
omy in expenditures. 3. A proper grading and classification of the pupils, 
in cases where grading is possible. 

Under the first item, a due regard should be had to the arrangement of Schools should' 
,, , .. T ^ , . , . , be eonvenien 

the population. In some cases the geographical center of the district is ly located. 

not the center of population, nor will it always do utterly to disregard the 

rights of minorities, and place the SGhool in the exact center of population, 

when this will force a respectable number of children to travel excessive 

distances. 

There is no reason why two or more school-houses or two or more m 

Two or more 
school-rooms may not be provided in a sub-district. school rooms • 

mi in a surj -dis- 

(6) I he law is absolute in its requirements to continue all schools to trict - 

which public money is applied at least twenty-four weeks. The law does Schools must 

not limit boards of education to this period, however, and if the time is twent^fi 

lengthened as to the schools for any portion of the inhabitants of a town- weekB. 

ship district, it must be equally lengthened for all such inhabitants. This 

does not imply that all the grades of a system of schools accessible to all 

the pupils of a district must be kept up as long as the other grades. But if 

the high or grammar schools for one part of the district be kept up for a 

given time, such grades for other parts of the district must be continued as 

long. See section 3967. That this same rule is to govern in the case of 

different parts of a city district, see fourth item enumerated under section 

3969. 

6 



32 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



Sec. 4009a. For the purpose of providing such schools 
of higher grade, any township district, village and special 
district, situate within the boundaries of such township may 
be united together and organized as a special district for high 
school purposes, by a vote of the electors of such township at 
any general election as herein provided. 

Sec. 40096. Any ten or more of the qualified electors of 

Vote on union 

of districts for any township having a village district, or special district 

high school ^ r o o ix- 

purposes; ap- within its limits, may give ten days' notice before any gen- 

pomtment of ' J ° J J a 

Nation for- edu " era ^ e l ec ti° n that a separate vote will be taken at the next 
.nigh school. general election in said township, in each of the districts pro- 
posed to be so united, on the proposition to unite such village, 
township district, or special district, or any two of said dis- 
tricts, for high school purposes. Such notice shall be suf- 
ficient, if given by publication in a newspaper published and 
of general circulation in said township, and by being con- 
spicuously posted in at least three public places in each of 
the districts interested. At such next general election held 
after publication of such notice, all electors voting in favor 
of such'union shall have written or printed on their ballots, 
"Special District for High School Purposes — Yes;" and all 
electors voting against such union shall have written or 
printed 'on their ballots, " Special District for High School 
Purposes— No." If a majority of the ballots cast on the propo- 
sition in each of said districts have on them the words, 
" Special District for High School Purposes — Yes," such vil- 

* 4008 (a). The power to establish and maintain separate schools for 
colored children was conferred on boards of education by section 4008 and 
not by section 4013 of the Kevised Statutes. Whilst under the latter sec- 
tion power is conferred on boards of education to make such assignments of 
the youth of their respective districts, to the schools established by them, 
'as will, in their opinion, best promote the interest of education in their 
districts, such power cannot be exercised with reference to the race or color 
of the youth ; and section 4008 having been repealed by the act of tbe Gen- 
eral Assembly passed February 22, 1887 (84 Ohio L., 34), separate schools 
for^colored children have been abolished, and no regulation can be made 
under section 4013, that does not apply to all children, irrespective of race 
or color. 45 O. S., 556. 

"*"(&). The fact that prior to the repeal of section 4008, a board of edu- 
cation!; had, under its provisions, established a separate school for colored 
children, does not authorize it to continue the same after such repeal, and 
to require the colored children, against their will, to attend the same. 2 O. 
Circuit Court Kep., 557. 



SCHOOL OFFICERS' GUIDE. 83 



Schools and Attendance Enforced. Ch. 9. 



lage, township and special districts, or any two of said dis- 
tricts, shall thereafter be united as a special district for high 
school purposes ; and the judges of such election shall certify- 
to the court of common pleas of the county in which such 
township is situate, the result of such election, which certifi- 
cate shall be placed upon the journal of said court; where- 
upon said court shall appoint three judicious persons, one for 
one year, one for two years, and one for three years, residents 
of said township, as the board of education of such special 
district for high school purposes, one member of such board 
of education to be elected every year |~t] hereafter, to hold 
said office ifor three years, or until his successor is elected. 
Such board of education, when so appointed, shall have all 
the powers now conferred by law upon other boards of educa- 
tion. [82 v. 128.] 

Sec. 4010. The board of any district in which a chil- schools at 
dren's home or orphans' asylum is or may be established by homes! or- 
law, or in which a county infirmary is or may be established, FumslmTin- 

ii-ii ii.ni n * firmaries;how 

shall, when requested by the board of trustees of such chil- sustained. 

* Sec. 4009 (a). One of the most encouraging features of the develop- 
ment of our public school system, is the rapid growth of the higher educa- 
tion, particularly in the township districts. The establishment of town- 
ship high schools is going forward in increasing numbers with each 
succeeding year. The people seem to be growing into the conviction that 
the higher education is a necessity in a republic, and that the cheapest and 
best place for their children to obtain this education is at home, under their 
own eye. 

(b). This authority applies to all boards of education, including town- To whom ap- 

ship boards. If such higher grade of school is in a sub-district and exclu- P lica £ lc and 

r .... by whom con- 

sively for'the use ot such sub-district, it is, like primary schools so situated, trolled. 

under the provisions of section 4018. If it is designed for the attendance 

of children from all of the sub-districts, under a general rule that all of a 

certain grade of scholarship may attend it, without special assignment of 

individual pupils thereto, it is practically a township high school, and 

under the management of the township board of education, though it is, of 

necessity, located within the territory of some sub-dictrict. This is evident 

from the fact that the full control of the public schools of each district is, 

under section 4017, in the hands of the board of education of such district, 

except only as provided in section 4018. 

(c). An order for the payment of a teacher of a township high school 
should be signed by the president and countersigned by the clerk of the teacher fl on- 
board of education. See section 4047. signed. 

* (d). Of course the superintendent of the schools of a township, is en- 
titled, under the direction of the township board, to exercise the same au- 
thority that is exercised by a superintendent of city schools. 



84 OHIO SCHOOL LAWS. 



Ch. 9. Schools, and Attendance > nforced. 

dren's home, orphans' asylum or the directors of such infirm- 
ary, establish in such home, asylum or infirmary a separate 
school, so as to afford to the children therein, as far as practi- 
cable, the advantages and privileges of a common school edu- 
cation ; such schools at infirmaries shall be continued in 
operation each year until the full share of all the school funds 
of the district belonging to such children, on the basis of 
enumeration, is expended, and at such homes and asylums 
not less than forty-four weeks, if the distributive share of 
school funds to which such school at any such home or asy- 
lum is entitled by the enumeration of children in the insti- 
To be under tution is not sufficient to continue the schools the length of 
trustees ^ in- time hereby required, the deficiency shall be paid out of the 
funds of the institution; all schools eo established in any 
such home, asylum or infirmary, shall be under the control 
and management of the respective boards of trustees or di- 
rectors of such institution, which boards of trustees or direc- 
tors shall, in the control and management of such schools, as 
far as practicable, be subject to the same laws that boar is of 
education and other school officers are, who have charge of 
the common schools of such district ; in the establishment of 
such schools the commissioners of the county in which such 
children's home, orphans' asylum or county infirmary is es- 
tablished, snail provide the necessary school-room or rooms, 
furniture, fuel, apparatus and books, the cost of which furni- 
ture, fuel, apparatus and books for the schools of such homes, 
infirmaries and asylums, shall be paid out of the funds pro- 
vided for such institutions; and the board of education shall 
incur no expense in supporting such schools. [75 v. 513, § 50; 
76 v. 75, § 1 ; 80 v. 217.J 
Youth maybe Sec. 4011. The board of education of the city of Zanes- 

schoo? £x &ntJ ville may contract with the trustees having the management 
of any fund which has been provided by gift, devise, or be- 
quest for the establishment or support of a school or schools 
for poor children therein, for the admission to any such school 
of children resident in the city, and pay to such trustees, out 
of the school funds under its control, such tuition fee as may 
be agreed upon for each scholar so admitted, but not entitled 
to admission according to the terms of such gift, devi e, or 
bequest, and also provide for such right of visitation or con- 
trol of such' school or schools by the board as may be agreed 



Zanesville. 



Public schools. 



Who may be 
admitted to. 



SCHOOL OFFICERS' GUIDE. 85 

Schools, and Attendance Enforced. Ch. 9. 

upon; such school or schools shall be kept, at the least, equal 
in grade and efficiency to the corresponding public schools of 
the state, and every such contract shall expire in three years 
from the time of its execution, unless renewed or extended 
by agreement; but this section shall in no manner apply to 
any school or schools supported or controlled by any church, 
congregation, sect, or religious denomination or association of 
any kind. [75 v. 530, § 1.] 

Sec. 4012. In any district composed, in whole or in Evening 
part, of a city or village, the board may, at its discretion, 
provide a suitable number of evening schools for the instruc- 
tion of such youth as are prevented by their daily vocation 
from attending day schools, subject to such regulations as the 
board may, from time to time, adopt for the government 
thereof. \12 v. 29, § 51.] 

Sec.^4013. The schools of each district shall be free to all 
youth between six (6) and twenty-one (21) years of age, who 
are children, wards, or apprentices of actual residents of the 
district, including children of proper age, who are or may be 
inmates of a county or district children's home located in any 
such school district, at the discretion of the board of educa- 
tion of the township in which said school district is located. 
Each board of education may admit other persons of like age 
upon such terms or upon payment of such tuition as it may 
prescribe ; provided, that in all counties which do not con- 
tain a city of the first grade of the first class, in such case 
there shall be credited on the tuition so charged the amount 
of school tax in such dictrict for the current school year, 
which may be paid by such non-resident pupil or a parent 
thereof; and the several boards shall make such assignment 
of the youth of their respective districts to the schools estab- 
lished by them, as will, in their opinion, best promote the in- 
terests of education in their districts. [70 v. 195, § "1; 77 v. 
196; 84 v. 69.] 

Sec. 4013 (a). Children cannot, as a matter of right, attend the schools 
of sub-districts in which they do not reside, and to which they have not tend 1 in their 
been assigned by the board of education. The local directors are given no 
jurisdiction in such matters. 

* (6). By comparing this section with section 4030, it will be seen 
they do not correspond in one particular. The latter says, there shall be 
* an enumeration of all unmarried youth," while in this section there is no 



own sub-dis- 
trict. 



86 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



Suspension 
and expulsion 
of pupils. 



Dismissal of 
schools on 
holidays. 



School year, 
month, and 
week. 



Sec. 4014. No pupil shall be suspended from school by a 
superintendent or teacher except for such time as may be 
necessary to convene the board of education of the district or 
the directors of the sub-district, and no pupil shall be expelled 
except by a vote of two-thirds of such board or directors, and 
not until the parent or guardian of the offending pupil has 
been notified of the proposed expulsion, and permitted to be 
heard against the same ; and no scholar shall be suspended or 
expelled from any school beyond the current term theieof. 
[70 v. 195, § 71.] 

Sec. 4015. Teachers employed in the common schools 
may dismiss their schools, without forfeiture of pay, on the 
first day of January, the twenty-second day of February, the- 
thirtieth day of May, the fourth day of July, the twenty-fifth 
day of December, and on any day set apart by proclamation 
of the president of the United States, or the governor of this 
state, as a day of fast or thanksgiving. [70 v. 195, § 116; 79 
v. 87 ; 83 v. 73.] 

Sec. 4016. The school year shall begin on the first day 
of September of each year, and close on the thirty-first day 



Electors vote 
where. 



Detention of 
pupils at home 
by parent. 



Right to at- 
tend not ab- 
solute. 



limitation to free admission into school, except as to age. It was doubtless- 
intended by the General Assembly that the two sections should agree on 
this point. That they do not is owing, it may be presumed, to an inadvert- 
ance. 

Under this section persons under twenty-one years of age, though mar- 
ried, are entitled to all the privileges of the schools of the district in which 
they reside, notwithstanding they have not been enumerated in the school 
census, and in consequence can draw no part of the state school fund. 

(c). Under the general law, sections 3898, 3916, etc., boards of educa- 
tion are elected by the qualified electors of their district. This section does 
not change this provision. Hence, though they may send their children to 
the school, they cannot vote in any district except where their home is situ- 
ated. 

Sec. 4014 (a). The father of a child entitled to the benefits of the pub- 
lic school of the sub-district of his residence, may maintain an action 
against the teacher of the school and the directors of the sub-district, for 
damages for wrongfully expelling the child from school. Eoe v. Deming et 
ah, 21 O. B., 666. , . 

(6). The parent has no right to interfere with the order or progress of 
the school by detaining his child at home, or by sending him at times that 
prove an annoyance or hindrance to others. 31 Iowa, 568. 

The right to attend school is not absolute, but conditional on compli- 
ance with the rules. 48 Vt., 473. 



SCHOOL OFFICERS GUIDE. 



87 



Schools, and Attendance Enforced. 



Ch. 9. 



of August of the succeeding year; and a school week shall 
consist of five days, and a school month of four school weeks. 
[70 v. 215, §70; 72 v. 181, § 6.] 

Sec. 4017. The board of education of each district shall 

Board to con- 

have the management and control of the public schools of the troi schools 

° - 1 and appoint 

district, with full power, subject to the provisions of the next officers. 
section, to appoint a superintendent and assistant superin- 
tendents of the schools, a superintendent of buildings, and 
teachers, janitors, and other employes, and fix their salaries 
or pay, which salaries or p^y shall not be either increased or 



* 4015 (a). Hiring teachers by the day does not affect their rights under 
this section. 

(b). It is held in Michigan that "school management should always 
conform to those decent usages which recognize the propriety of omitting 
to hold exercises on recognized holidays. All contracts for teaching during 
periods mentioned must be construed of necessity as subject to such days 
and there can be no penalty laid upon such observances, in the way of for- 
feitures or deductions of wages." 39 Mich., 484. 

Sec. 4016. Teachers have no right, without express authority of the 
board of education, to make up lost time by teaching on Saturday or on a 
holiday. The custom is so well established of keeping the schools in session 
the five working days of each week exclusive of Saturday, and of dismiss- 
ing on the holidays named, that to change this custom would manifestly re- 
quire action by the board. As the law does not prescribe the days of the 
week to be taught, the board may, under section 3985, authorize the inter- 
mission of school on Monday or any other day most convenient to the in- 
habitants. In a few districts in Ohio, there is no session on Monday. 

Sec. 4017 (a). Boards of education are authorized to adopt and enforce 
necessary rules and regulations for the government of schools under their 
management and control. Sewell v. Board of Education, 29 O. S., 89. 

* (b). The assent of both parties must be given to a contract to make it 
binding. A resolution passed by a board of education, engaging the ser- 
vices of a person in any capacity, may be withdrawn at any time before the 
person accepts. 40 Mich., 84. 

(c). Even if time be given for the answer, and no consideration for 
this delay be paid, the proposal may be withdrawn at any time before ac- 
ceptance. A letter mailed or a telegram sent determines the time accept- 
ance is completed and the contract sealed. Pollock on Contracts, p. 8. 

(d). If a teacher is employed for a definite time, and, during the 
period of his employment, the district officers close the schools on account 
of the prevalence of contagious diseases, and keep them closed for a time, 
and the teacher continues ready to perform his contract, he is entitled to 
full wages during such period. The act of God is not an excuse for non- 
performance of a contract unless it renders performance impossible ; if it 
merely makes it difficult and inexpedient, it is not sufficient. Although 



Making up 
lost time on 
Saturdays 
and holidays. 



Board to en- 
force neces- 
sary rules. 



Proposition 
to teacher 
may be with- 
drawn. 



Schools close 
on account o- 
contagious 
disease.- 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Atteudance Enforced. 



"Directors to 
^employ, pay, 
and dismiss 
eachers. 



diminished during the term for which the" appointment is 
made ; but no person shall be appointed for a longer time 
than that for which a member of the board is elected ; and 
such board may dismiss any appointee for inefficiency, neg- 
lect of duty, immorality, or improper conduct. [70 v. 195, 
§53.] 

Sec. 4018. In township districts the directors shall em- 
ploy and for sufficient cause dismiss, the teachers of the 
schools in their respective sub districts, and shall fix their 
salaries or pay, which salaries or pay may be increased but 
not diminished in amount by the township board, and shall 
not exceed in the aggregate, in any year, for any sub-district, 
the amount ot money to which the sub-district is entitled 
for the purpose of tuition for such year ; if the directors of 



Violation of 
ontract. 



under such circumstances it is eminently prudent to dismiss school, yet 
this affords no reason why the misfortune of the district should be visited 
upon the teacher. Dewey v. Union School District of Alpena, 43 Mich., 480. 

(e). A person who engages to teach for a definite term, and leaves the 
school without just cause, cannot sustain an action for services already ren- 
dered. 29 Vt., 219. 

*(/). It has been held in New York that absence of a teacher for a 
single day without consent of the trustees annuls the contract. New York 
Code of Instruction, pp. 705, 723, 731 , 

But a teacher abandoning his school because not sustained by the 
trustees in the enforcement of reasonable rules is entitled to wages for the 
time taught. 7 Vermont, 452 ; 55 Mo., 149. 

* (g). The discharge ol a janitor's duties is no part of a teacher's work; 
and, in absence of a contract to perform such duties, he is under no legal 
obligation to do so, no difference what may have been the custom in tke 
district, nor how long acquiesced in. 

The teacher cannot cmnpel pupils to do any janitorial work, such as 
building fires or sweeping school-houses. 97 111., 375. 

* (h). Many city boards of education have as one of their standing rules 
that all their employes shall hold their positions at the discretion of the 
board. This condition in a contract with employes hired for a specified 
time is null and void. The statute names the causes for which an ap- 
pointee may be dismissed, and that appointee can be dismissed for no other. 
A rule of a board of education cannot override a state law. 

* 4018. (a). No teacher can be employed except at a meeting of the 
board of directors, and by a majority of the board. If the meeting is a 
special one, each member must have been notified of the time and place of 
holding it. If a teacher goes from member to member of the board, and gets 
their individual assent to his employment, on certain terms, in their dis- 
trict, this will not constitute a legal contract. 



SCHOOL OFFICERS GUIDE. 



8 9 



Schools, and Attendance Enforced. 



Ch. 9. 



any sub-district fail to employ a teacher for their school, the 
township board shall employ such teacher, and fix the salary 
to be paid ; and the directors, at the end of any month, or at 
the end of the term, shall give to the teachers employed by 
them certificates of such employment, and of services rendered, 
addressed to the township clerk, who, upon presentation 



(6). The dismissal is business and must be transacted at a meeting, 
as set forth in section 3918, and the reasons therefor must be spread upon 
the minutes. There must be a "sufficient cause." 

(c). Under the act of May 1, 1873, (70 v. 195), the local directors of 
township sub-districts have no power to delegate the employment of teachers 
to any other person, nor to provide for their payment except as provided 
in section 53 of that act; and a contract with a teacher that he shall employ 
an assistant if one be necessary, is illegal and void (State v. Williams, 29 
O. S., 161); buf where the local directors employed a teacher, and fixed his 
salary at $125 per month in case he alone should be able to teach the 
school to their satisfaction, otherwise the teacher to employ and pay an as- 
sistant, and such teacher performed the service under his employment, 
without the aid of an assistant, to the satisfaction of the directors, who cer- 
tified to the township clerk the amount due to the teacher under the con- 
tract. Held: That the township clerk cannot justify his refusal to draw 
an order on the township treasurer for the amount certified, on the ground 
that the contract under which the service was performed was against public 
policy and void. State v. Williams, lb. 

(d). A township board, supposing that local directors were neglect- 
ing their duties under the provisions of the act of March 14, 1853 ( 51 v. 
429 ), employed a teacher for a sub-district, who, without being notified by 
the local directors to desist, taught the school for three month, and received 
an order on the township treasurer for his wages. Held: That the 
treasurer could not rightfully withhold payment of the order upon the 
ground that the directors had not been neglectful of their duties, and that 
the exercise thereof by the board of education was unwarranted by the facts 
in the case. Case v. Wresler, 4 O. S., 561. 

(e). Under the act of March 14, 1853 ( 51 v. 429 ), the authority and 
duty conferred by the statute upon the local directors, to employ teachers 
and certify the amount due them for services, cannot be controlled or inter- 
fered with by any order, resolution, or rule of the township board, fixing a 
maximum compensation not to be exceeded by the local directors in employ- 
ing teachers in any sub-district. 11 O. S., 326. 

Where a township board entered an order that teachers should not be 
employed at a greater compensation than twenty dollars per month aud the 
local directors employed a teacher at thirty dollars per month, and certi- 
fied the amount due him for his services at that rate, to the township clerk, 
it became the duty of the township clerk to draw an order in conformity 
with such certificate of the local directors. lb. 

(/). The directors may dismiss a teacher for sufficient cause, as 
incompetency, negligence, immorality. In case the teacher brings suit, as 



Dismissal is 
business. 



Power to em- 
ploy teachers 
cannot be 
delegated. 



Local board 
neglecting; 
duty, towm- 
ship board 
may act. 



Wages of 
teachers fixed 
bv local board. 



Dismissal of 
teacher. 



90 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



Teachers dis- 
missed for in- 
sufficient 
eause may in- 
stitute suit. 



Wages. 



Payment. 



Responsible 
for care of 
property. 



Decision 
against sub- 
district. 



Certificate 
prima facie 
evidence of 
eompetency. 



thereof, and compliance by such teachers with the provisions 
of section forty-hundred and fifty-one, shall draw orders on the 
township treasurer for the amounts certified to be due, in 
favor of the parties entitled thereto, and the treasurer shall 
pay the same. [70 v. 195, § 53.] 

Sec. 4019. Ifthe directors of any sub-district dismiss any 
teacher for any frivolous or insufficient reason, such teacher 
may bring suit against such sub-district, and if, on the trial of 
the cause, a judgment be obtained against the sub-district, the 
directors thereof shall certify to the clerk of the board the sum so 



he may, his certificate is only prima facie evidence of competency and char- 
acter, and may be overbalanced by proof. 

(g). If the sub-district's share of the state fund, increased by the 
amount apportioned for tuition by the township board, is not sufficient to 
continue the school at least six months, the directors should appeal to the 
county commissioners. 

(h). Upon making out a monthly report and presenting it to the clerk 
along with a certificate of service from the directors, and his certificate from 
the county examiners, or a copy thereof, a teacher may draw his salary 
monthly. See section 4051.] 

(i). The teacher may be held responsible to the board or directors for 
the efficient discharge of every duty properly attaching to the office of 
teacher, including the oversight and preservation of school buildings, 
grounds, furniture, apparatus, and other school property, as well as the 
more important work of instruction and government. Such labor, however, 
as sawing wood, making fires, and sweeping the floors in the school-house, 
is no appropriate part of a teacher's duty ; and its performance by the 
teacher cannot be legally enforced by the board or directors, unless the 
teacher has voluntarily stipulated to do it. The cost of the work is prop- 
erly chargeable to the " contingent fund," and in all well-regulated districts 
and schools this course is pursued. If teachers voluntarily assume these 
duties as a matter of convenience and economy to the district, they may do so. 

(j). A township clerk cannot refuse to draw an order on the township 
treasury for the payment of a teacher's wages, on the ground that the teach- 
er's contract with the local directors contained an illegal requirement of 
such teacher, such as that he shall exclude all colored children ; nor on the 
ground that the township board of education directs him to refuse such 
order. 36 O. S., 429. 

Sec. 4019. (a). It will be seen that a decision against the local direc- 
tors of a sub-district practically renders the township liable for the amount 
of the judgment. See also section 3987. 

(b). Possession of a certificate is prima facie evidence of competency 
and good character, and in considering these facts the law requires only 
fair attainments and ability, and the usual diligence and application of the 
teacher in discharging his duty. 36 111., 71. 



SCHOOL OFFICERS GUIDE. 9 1 

Schools, and Attendance Enforced. Ch. 9. 

found due, who shall issue an order upon the township treas- 
urer, to the person entitled thereto, to pay the same out of any 
money in his hands belonging to such sub-district, and appli- 
cable to the payment of teachers ; and in such suits process 
may be served on the clerk of the sub-district, and service 
upon him shall be sufficient. [76 v. 58, § 1.] 

Sec. 4020. Each board shall determine, at a regular 

' ° Board to de- 

meeting, by an affirmative vote of a majority of all its mem- tennine stud- 
bers, the studies to be pursued, and the text-books to be used books. 
in the schools under its control, but no text-bock shall be 
changed, nor any portion thereof altered or revised, for five 
years after its adoption, without the consent of three-fourths 
of all the members elected to the board, given at a regular 
meeting; and all branches shall be taught in the English 
language, and each board of education is authorized to pur- 
chase direct from publishers or dealers, at the lowest whole- 
sale or contract prices, such necessary school text-books, and 
other school supplies as may be determined by the board, and 
furnish the same to pupils in the schools under its control at 
cost price, and each board of education is authorized to pay 
for such necessary school text-books and other school supplies 
out of the contingent fund at the disposal of the board. [70 
v. 195, §52; 82 v. 142.] 

(c). This 'prima facie evidence throws upon the plaintiff the burden of 
sustaining a charge against the teacher of incompetency, immorality, or 
dereliction. 

Sec. 4020 (a) This section not only authorizes boards to prescribe a Adoptfon>f_a 
course of study and the text-books to be used, but directs that they shall do s°u,jy e a a^y ! 
it. It rightly assumes that classification and system are essential to the 
economical and effective conduct of its schools. The question is not settled 
by finding a teacher so indifferent to real success that he is willing in these 
days to sacrifice the interests of the school, of society, and of the State, by 
an easy-going acquiescence in inadequate appliances for his work. 

If a board of education neglects or refuses to comply with this peremp- Mandamus to 
tory requirement of the law, it is manifest that any tax-payer may secure com P e - ac lon 
such action by mandamus or otherwise. The section authorizes the board 
of education to enforce its order by refusing to continue in school a pupil 
who, being able, does not conform to it. If the pupil has no one able to 
supply him with books, the board should supply the want from the con- 
tingent fund ; see section 4026. Without doubt, a township board may, by 
injunction or otherwise, enforce its rule upon local directors and on teachers supply books 
in sub-districts. Economy and efficiency, and not individual caprice, should wnen 
be the guide in such matters. Changing to the use of a new edition of a 



92 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



To provide for the study of the nature of alcoholic drinks and narcotics 
and their effects on the human system, in the public schools of the 
State of Ohio, and in all educational institutions supported wholly or 
in part by public money. 



Alcoholic 
drinks and nar- 
cotics required 
branches in all 
educational 
institutions 
supported by 
the State. 



Oral instruc- 
tion sufficient 
compliance. 



Certificates to 
teach after 
January 1, 1890. 



Refusal or neg- 
lect cause for _, 
dismissal of 
teachers. 



Section 1. Be it enacted by the General Assembly of the 
State of Ohio, That the nature of alcoholic drinks and nar- 
cotics, and their effects upon the human system in connec- 
tion with the subjects, of physiology and hygiene, shall be 
included in the branches to be regularly taught in the com- 
mon schools of this state, and in all educational institutions 
supported wholly or in part by money received from the State; 
and it shall be the duty of the boards of education, and boards 
of such educational institutions to make provisions for such 
instruction in the schools and institutions under their juris- 
diction, and to adopt such methods as shall adapt the same 
to the capacity of the pupils in the various grades therein; 
but it shall be deemed sufficient compliance with the require- 
ments of this section if provision be made for such instruction 
orally only, and without the use of text-books by the pupils. 

Sec 2. No certificate shall be granted to any person on 
or after the first day of January, 1890, to teach in the common 
schools, or in any educational institution supported as afore- 
said, who does not pass a satisfactory examination as to the 
nature of alcoholic drinks and narcotics, and their effects upon 
the human system. 

Sec. 3. Any superintendent or principal of, or teacher 
in any common school or educational institution, supported 



book is not a change of text-books. 35 O. S., 368, State ex rel. Flowers 
v. Board of Education. 

Dromnne text- ^)- It- would require a majority of all the members composing the 

book or study, board to drop a text-book or a course of study once adopted. 

Music, drawing, or any other branch of school studies may be intro- 
duced by the board. The section leaves this matter to the wise discretion 
of the board. 

(c). The constitution of the State does not enjoin or require religious 
instruction, or the reading of religious books, in the public schools of the 
State. Board of Education of Cincinnati v. Minor, et al., 23 O. S., 211. 

The legislature having placed the management of the public schools 
under the exclusive control of directors, trustees, and boards of education, 
the courts have no rightfu 5 authority to interfere by directing what instruc- 
shali be given, or what books shall be read therein. lb. 211. 



Religious_in 
struction." 



SCHOOL OFFICERS GUIDE. 93 

Schools, arid Attendance Enforced. Ch. 9. 

as aforesaid, who willfully refuses or neglects to give the in- 
struction required by this act, shall be dismissed from his or 
her employment. 

Sec. 4. This act shall take effect and be in force from 
and after the first day of January, 1889. 

Passed April 11, 1888. [85 v. 213.] 

Sec. 402-1. The board of any district shall cause the 

When German 

G rman language to be taught in any school under its con language to be 

00 ° J taught, etc. 

trol, during any school year, when a demand therelor is made, 
in writing, by seventy-five freeholders resident of the district, 
representing not less than forty pupils who are entitled to 
attend such school, and who, in good faith, desire and intend 
to study the German and English languages together; but 
such demand shall be made at a regular meeting of the board, 
and prior to the beginning of such school year; and any 
board may cause the German or other language to be taught 
in any school under its control, without such demand. [70 
v. 195, § 52.J 

Sec. 4022. The board of any district may contract with p up ii smay be 
the board of any other district for the admission of pup. U into district* to ° ne 
any school in such other district, on such terms as may be another - 

* Sec. 1. (a). The duty of boards of education to make provision for 
instruction in the nature of alcoholic drinks and narcotics, and tin ir effects 
on the human system, in connection with the subjects of physiology and 
hygiene, is imperative, and if these boards neglect ihis duty, they may be 
compelled to its performance by a writ of mandamus. 

6 !. It is evidently the intent of the law that physiology and hygiene, 
as well as the nature of alcoholic drinks and iiarcotics, shall be taught to 
all youth attendiug the common schoolg, from the infants entering school 
for the first time up to the senior class in the high school ; and it is left to 
the ingenuity of boards of education and teachers to devise the kind of in- 
struction that will be comprehensible to each class of minds in this wide 
range. As to whether this teaching shall be done or not, neither boards 
nor teachers are allowed any discretion. It is a compulsory law of the 
most iron-clad character. 

* Sec. 3. (a). The penalty of dismissal from employment cannot in 
equity be inflicted on superintendents, principals, and teachers for not 
giving the instruction required by the above act, until after the board of 
education has made proper provision for such instruction. 

Sec. 4021. (a). The law plainly contemplates English schools, 
though it allows the teaching of other languages as such, and upon the ^ structl0n in - 
performance of certain named conditions requires the board to have the 
German language taught. 



94 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



Board to ascer- 
tain condition 
children not 
at school. 



When board 
may supply 
pupils with 
books. 



Penalties 
against viola- 
tion of pre- 
ceding pro- 
visions. 



Not a transfer. 



Tuition, to 
whom paid. 



Assignment 
of pupils. 



agreed upon by such boards; and the expense so incurred 
shall be paid out of the school funds of the district sending 
such pupils. [73 v. 243, § 64.] 

Sec. 4025. Each board of education shall ascertain, on 
the second Monday of February and the second Monday of 
September, or within fifteen days thereafter, each year, in 
such manner as it may deem most expedient, the condition 
of all children under fourteen years of age within its jurisdic- 
tion employed at any daily labor, or who are not in attendance 
at any common or private school, and shall report all viola- 
tions of this chapter to its clerk, who shall at once proceed to 
prosecute each and every such offense. [74 v. 57, § 3.] 

Sec 4026. If it be shown to the satisfaction of the board 
of education that the parent or guardian has not the means 
wherewith to purchase for his child or children the necessary 
school-books to enable him to comply with the requirements 
of this chapter, the board may furnish the same, free of cbarge, 
to be paid for out of the contingent fund at the disposal of the 
board. [74 v. 57, § 4.] 

Sec. 4027. A parent, guardian, or other person, who 
fails to comply with the provisions of this chapter, shall be 



(6). While it is natural that persons of foreign birth should desire 
their children to learn the tongue of the mother land, it is wise policy for 
the state to provide that all children in the public schools shall learn the 
language of this country. 

Sec. 4022. (a). This is, of course, in no sense a transfer of the child, 
and as certainly not of his parents, to the district or sub-district in which 
he is permitted to attend school for pay. 

(6). The tuition agreed upon is to be paid on the proper order of the 
clerk of the board of education which sends the child, to the treasurer of 
the district to which he is sent, — see last clause of section 4047 — and it is to 
be disbursed by the board of this district. Neither local directors, indi- 
vidual members of the board of education, superintendents, nor teachers 
can retain or disburse it. 

(c). Such contracts are not authorized to be made by local directors. 
As to pupils residing in one sub-district and seeking to attend school in 
other sub-districts, township boards "shall," as we have seen under section 
4013 "make such assignment of the youth of their respective districts to the 
schools established by them, as will, in their opinion, best promote the in- 
terests of education in their districts." Under that section, there is, of 
course no provision for paying tuition. Section 4017 puts "in the boards 
of education the management and control of all the public schools of the 
district, subject only to the provisions of section 4018." Besides this, the 
local board has no control of money with which to pay tuition. 



SCHOOL OFFICERS GUIDE. 95 

Schools, andAttendance Enforced. Ch. 9. 

liable to a fine of not less than two nor more than five dollars 
for the first offense, nor less than five nor more than ten dollars 
for each subsequent offense ; such fine shall be collected by the 
clerk of the board of education, in the name of the state, in an 
the action before any court having competent jurisdiction ; and 
money so collected by each clerk shall be paid to the county 
treasurer, and be applied to the use of the common schools of 
his district. [74 v. 57, § 5.] 

Sec. 4029. Two weeks' attendance at half-time or night- "What is equiv- 

° alent to atten- 

school, shall be considered, within the meaning of this chap- g a ^ \ onday 
ter, equivalent to an attendance of one week at a day school. 
[74 v. 57, § 7.] 



TO COMPEL CHILDREN UNDER FOURTEEN YEARS OF AGE TO AT- 
TEND SCHJOL A CERTAIN LENGTH OF 1IME EACH YEAR. 

Section 1. Be it enacted by the General Assembly of the State ^eene?ght 
of Ohio, That all parents, guardians and other persons who yeare°compei- 
have care of children shall instruct them, or cause them to be schooL tten 
instructed in spelling, reading, writing, English grammar, 
geography and arithmetic, and every parent, guardian or other 
person having control and charge of any child between the 
ages of eight and fourteen years, shall be required to send any 
such child or children to a public or private school for a peri- 
od of not less than twenty weeks in city districts, in each 
year, ten weeks of which, at least, shall be consecutive, and in 
village and township districts not less than sixteen weeks in 
each year, eight of which shall be consecutive, unless such 
child or children are excused from such attendance by the 
superintendent of the public, private or parochial schools in 
cities, or by authority of the board of education in villages 
and townships, when it shall have been shown to the satisfac- 
tion of said superintendent, or said board, that the physical 
or mental condition of such child or children has been such 
as to prevent his, her, or their attendance at school, or that 
said child or children are taught at home by some qualified 
person or persons in such branches as are usually taught in 
primary schools. 



9 6 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



Unlawful to 
employ chil- 
dren under 
fourteen years, 
except under 
certain condi- 
tions. 



Regarding mi- 
nors over four- 
teen and under 
sixteen who 
cannot read 
and write Eng- 
lish. 



Sec. 2. That no child under the age of fourteen years 
shall be employed by any person, company or corporation 
during the school term, and while the public schools are in 
session, uidess the parent, guardian or other person having 
care of such child, shall be able to give substantial proof that 
he or she has fully complied with the requirements of section 
1 of this act, or that such child has completed the usual 
course of primary and grammar grades in some public or pri- 
vate school, and such person, company or corporation shall 
demand such proof before giving employment to any minor, 
and shall make a record of said proof given, and shall be 
required, upon the request of the officer ( hereinafter provided 
for) to allow said officer to examine the said record, and also 
the record as provided for in section 6986r/a of the Revised 
Statutes, and any person, company or corporation employing 
any child contrary to the provisions of this act, shall be liable 
to a penalty of fifty dollars for each offense, to be recovered 
in an action for debt in any court, or before any justiceot the 
peace having jurisdiction, and such action shall be brought 
in the name of the clerk of the board of education. 

Sec. 3. That all minors over the age of fourteen, and 
under sixteen years, who cannot read and write the English 
language, shall be required to attend school at least one-half 
of each day, or to attend some evening school organized and 
maintained by the board of education, or to take regular pri- 
vate instruction from some person qualified, in the opinion 
of the superintendent of schools in citi< s, and the clerk ot the 
board of education in villages and townships to teach such 
branches, until he or she shall obtain a certificate from the 
superintendent of schools in cities, and the clerk of the board 
of education in villages and townships, certifying th.it said 
minor can read at sight, and write legibly simple sentences 
in the English language, and every person, company or cor- 
poration having such minor in employment shall be required 



*Sec. 1. (a). According to the statute (Sec. 4016) a school week 
consists of five days And as this section says that children between eight 
and' fourteen years shall be sent to school in city districts not less, 
than twenty weeks in each year, and in other districts not less than sixteen 
weeks, the obvious and rational meaning is that children in the former dis- 
tricts must be in actual attendance at school not less than one hundred. 



SCHOOL OFFICERS GUIDE. 97 

Schools, and Attaneance Enforced. Ch. 9. 

to exact such school attendance from such minor, and k be pre- 
pared, upon demand of the hereinbefore mentioned officer, to 
furnish evidence that such minor does comply with the 
requirements of this act, and any person, company or corpor- 
ation failing or neglecting to exact such school attendance 
from such minors shall be liable as provided for in section 2 
of this act ; provided, such person, compan)' or corporation 
shall not have made provision for the private instruction of 
such minors. 

Sec. 4. That every parent, guardian, or other person Ke^enSs* 
having charge or control of any child under the age of six- employment 
teen who has been discharged from any business in order to this act. 
be afforded an opportunity to receive instruction or schooling, 
shall send such child to some public or private school until 
such child shall have required such instruction as section 8 
of this act requires, and in case of failure on the part of said 
parent, guardian or other person to comply with the provis- 
ions of this section and of section 1 of this act, unless such 
child shall have been excused from such attendance by the 
superintendent of public schools or the clerk of the board of 
education in villages and townships for reasons stated in sec- 
tion I of this act, such parent, guardian or other person shall 
be deemed guilty of a misdemeanor, and shall, on conviction, 
be liable to a fine of not less than five dollars or not more than 
twenty dollars for the first offense, and not less than twenty for 

days, and in the other districts not less than eighty days in the year. Any 
other interpretation of this act might readily work to defeat the whole pur- 
pose of the law, for pupils might be on the roll twenty or sixteen weeks 
and not be in attendance more than half the time, as " enrollment " is fre- 
quently defined. From the spirit that breathes through this whole compul- 
sory act, it is evident that a proper construction of its language should 
always, in doubtful cases, be in favor of the education of that class of youth 
for whose benefit the law was specially made. 

* (6). It will be seen that no mention is made in this act of the teach- 
ing of United States history t and physiology and hygiene. The law is 
mandatory, of course, as to the branches mentioned in it, but as the pupils 
to be affected by the act, must necessarily be classified with pupils studying 
the additional branches just named, it would be an unreasonable interpre- 
tation of the law to hold that instruction in these branches is prohibited 
by it to any of the pupils thus classified together. Of the value of such in 
struction no intelligent person can entertain a doubt. 

7 



98 OHIO SCHOOL LAWS. 



Oh.'i 9. Schools, and Attendance Enforced. 

each subsequent offense, or to imprisonment for not less than 
one month nor more than three. The said fines, when paid, 
to be added to the public school funds of such school district 
in which the offense occurs. 
Hawtuai Sec. 5. That all children between the ages of seven and 

fourteen years who are habitual truants from school, or while 
in attendance at any public or private school are incorrigible, 
vicious or immoral in conduct; and all children between said 
ages, and all minors between the ages of fourteen and sixteen 
who cannot read and write the English language, who absent 
themselves! habitually from school, and habitually wander 
about the streets and public places during school hours, having 
nonbusiness or lawful occupation, shall be deemed juvenile 
disorderly persons and subject to the provisions of this act. 
Sec. 6. That in cities of the first and second class the 
to be employed board of education of said cities shall be required to employ 
cities. one truant officer to assist in the enforcement of this act ; 

said truant officer to be vested with police powers, and shall 
be authorized to enter factories, workshops, stores, and all 
other places where children may be employed, and perform 
such other services as the superintendent of schools or the 
board of education may deem necessary to the preservation 
of the morals and good conduct of school children and for the 
enforcement of this act, and in villages and townships the 
board of education shall be required to appoint some constable 
or other person as truant officer, with same power as said 
officer has in said cities, and the compensation of such officer 
shall be fixed by the board of education. 
Truant officers Sec. ?• That the truant officer shall make daily reports 

report^ 6 daily to the superintendent of public schools during the school 
term in cities, and to the clerk of the board of education as 



* Sec. 3. (a). It will be best that the board of education shall deter- 
mine before the opening of the schools, whether these half-day pupils shall 
come to school in the forenoon or the afternoon. If some should come in 
the forenoon and some in the afternoon, serious interference with the classi- 
fication and progress of the other pupils of the school might arise, and the 
advantage be less to the half-day pupils themselves. 

*(&). "Write legibly simple sentences in the English language," evi. 
dently means, not the copying of such sentences, but the writing of them at 
dictation. 

* (c). See note under section 11. 



SCHOOL OFFICERS GUIDE. 99 

Schools, and Attendance Enforced. Ch. 9. 

often as the clerk shall require it to be done in villages 
and townships, and he shall also keep a record of his trans- 
actions, subject to the inspection of the members and officers 
of the board of education, and it shall be the duty of the clerk 
of the board oi education to provide suitable blanks for said 
truant officer. 

Sec. 8. That it shall be the duty of all truant officers to Duties of 

truant officers 

examine into all cases 01 truancy when any such come before 
their notice, or when requested to do so by the superintendent 
of public schools, or by the board of education, and to warn 
such truants, their parents or guardians, in writing, of the 
final consequences of truancy if persisted in, and also to notify 
the parent, guardian or other person having the charge and 
control of any juvenile disorderly person, that the said person 
is not attending any school, and to require said parent, guar- 
dian or other person to cause the said child to attend some 
recognized school within five days from said notice; and it 
shall be the duty of said parent, guardian or other person 
having the legal charge and control of said child, to cause 



* Sec. 5 (a). Many different meanings are likely to be attached to 
the phrase "habitual truants," and to draw an exact line of definition it not 
easy, indeed scarcely possible. If a pupil should be truant once each week 
but one-half day, he should undoubtedly be considered an habitual truant 
And should he be a truant at longer intervals than a week, but for a greater 
jength of time, as two or three days in every two weeks, it would be still 
proper to class him as an habitual truant. But should he be truant but 
once a month, unless his absence were a considerably prolonged one, it 
might be a question whether he ought properly to be placed in the class of 
habitual truants. 

It will be wise for each board of education to adopt a rule for itself on 
this point. Such a rule would be in the nature of information to the public, 
and do much to remove uncertainty as to the meaning of the law. Any 
reasonable rule would almost certainly be sustained by the courts. 

* (b). As to the disposition to be made of ''juvenile disorderly persons " 
see section 8. 

* Sec. 6. It will be seen from the language used, that the appoint- 
ment of a truant officer is mandatory, not merely permissive, and if any 
board of education neglects to employ such an officer, such board may be 
proceeded against by mandamus to compel it to peform this duty. 

* Sec. 8. The rep3aling clause of this act does not include section 4027, 
R. S. As the penalties prescribed in that section for non-com liance with 
the provisions of this chapter differ from those prescribed in this section 
courts will, of course, take for their guidance the law last enacted. 



IOO OHIO SCHOOL LAWS. 

Ch. 9. Schools, and Attendance Enforced 

the attendance of said child at some recognized school ; if said 
parent, guardian or other person having the legal charge and 
control of said child, shall willfully neglect, fail or refuse to 
cause said child to attend some recognized school, it shall be 
the duty of said officer to make, or cause to be made a com- 
plaint against said parent, guardian or other person having 
the legal charge or control of such child, in any court of 
competent jurisdiction in the city, village or township in 
which the offense occurred, for such refusal, failure or neglect, 
and upon conviction thereof, said parent, guardian, or other 
person, as the case may be, shall be punished by a fine of not 
less than five dollars nor more than twenty dollars, or the 
court may, in its discretion, require persons so convicted to 
give bonds in the penal sum of one hundred dollars, with one 
or more sureties to be approved by said court, conditioned 
that said persons so convicted shall cause the child or children 
under his or her legal charge or control to attend some recog- 
nized school within five days thereafter, and to remain at 
said school during the term prescribed by law; provided^ 
that if said parent, guardian or other person in charge of such 
child shall prove inability to cause said child to attend said rec- 
ognized school, then said parent, guardian or other person shall 
be discharged, and said court, upon complaint of said truant 
officer or other person, that said child is a juvenile disorderly 
person, as described in section 5 of this act, proceed to hear 
such complaint, and if said court shall determine that said 
child is a juvenile disorderly person within the meaning of 
this act, such child shall be deemed guilty of a misdemeanor, 
and said court shall thereupon sentence said child to some 
juvenile reformatory, or county children's home, until such 
child shall arrive at the age of sixteen years, unless sooner 
discharged by the board of trustees of said reformatory or 
home. Provided, however, that said sentence may be sus- 
pended in the discretion of the court, for such time as the 
child shall regularly attend school and properly deport him- 
self or herself. It is further provided, that if for any cause 
the parent, guardian or other person having charge of any 
juvenile disorderly person, as defined in this act, shall fail to 
cause such juvenile disorderly person to attend said recognized 
school, then complaint against such juvenile disorderly per 



SCHOOL OFFICERS GUIDE. IOI 

Schools, and Attendence Enforced. Ch. 9. 

son may be made, heard and tried, and determined in the 
same manner as provided for in case the parent pleads in- 
ability to cause the juvenile disorderly person to attend said 
recognized school; and it is further provided, that no child 
under the age of nine years shall be sent to any juvenile re- 
formatory or children's home under the provisions of this act. 

Sec. 9. That it shall be the duty of officers empowered p mcee dings 
or appointed under this act to assist in the enforcement f B violated!" 5 
thereof, to institute, or cause to be instituted, proceedings 
against any parent, guardian or other persons having legal 
control or charge of any child, or corporation violating any 
of the provisions of this act; provided, that this law shall 
not be operative in any school district where there are not suffi- 
cient accommodations to seat children compelled to attend 
c'lool under the provisions of this act, and that no prosecu- 
tion shall b9 instituted against any parent, guardian or other 
person or child in charge of such, unless they have received 
due notification from an officer empowered under this act that 
they are acting in violation of this act. 

Sec. 10. When any truant officer shall discover to his when this act 

may be bus- 

ful satisfaction any child under th3 age of fourteen vears, pended for a 

J ° time. 

whclly or partially dependent upon his or her own labor for a 
living, or who shall be the support of others unable to provide 
for their own sustenance, or when, in the judgment of the 
superintendent of the schools, or the board of education, it 
may be necessary for such child to contribute to the support 
of the family of which he or she is a member, it shall be the 
duty of said truant officer to report such case to the proper 
authorities, whose duty it is to look after and care for the 
poor, and to endeavor to obtain such relief as may release 
such child from labor for such length of time each year as will 
be required for compliance with section 1 of this act ; but such 
child shall not be declared a pauper or removed to any infirm- 
ary, reformatory or children's home, unless he or she shall 
willfully neglect to take advantage of the provisions made by 
said truant officer for his or her relief and instruction; and 
said truant officer failing to obtain such relief, the superin- 
tendent of schools, or the board of education, may make suit- 
able arrangements for the private instruction of such child 
while so adversely conditioned. 



102 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



Duty of teach- 
ers and prin- 
cipals under 
this act. 



When corpora- 
tions violate) 
this act. 



Penalty. 



Relating to 
other statutes 



Sec. 11. That it shall be the duty of all principals and 
teachers of all schools, public and private, to report to the 
clerk of the board of education of the city, village or town- 
ship in which schools are situated, the names, ages and resi- 
dence of all pupils in attendance at their schools, together 
with such other facts as said clerk may require, in order to 
facilitate the carrying out of the provisions of this act, and 
the said clerk shall furnish blanks for said purpose, and 
said reports shall be made in the last week of September, 
December, February and April in each year. 

Sec. 12. That when any of the provisions of this act 
are violated by a corporation, proceedings may be had against 
any of its officers or agents of said corporation, who in any 
way participate in, or are cognizant of such violation by the 
corporation of which they are the officers or the agents, and 
said officers or the agents shall be subject to the same penal- 
ties as individuals similarly offending. 

Sec. 13." Any person or officer mentioned in this act, and 
designated as having certain duties to perform in the enforce- 
ment of any of its provisions, neglecting to perform any such 
duties, shall be liable to a fine of not less than twenty-five 
dollars nor more than fifty dollars for each and every offense. 

Sec. 14. Any provision of statutes in force when this 
act takes effect which conflicts with any provisions of this 
act, shall to the extent it is inconsistent with the latter, and 
not otherwise, be held to be superseded by this act. The pro- 
visions of this act shall apply to children entitled, under ex- 



* Sec. 10. The spirit of this law is a liberal one, and the evident pur- 
pose of the act is that no child iu Ohio, however poor and humble, shall 
fail to receive the rudiments of a school education. Where night-schools 
are established, they can be made available for the instruction of the class 
of children described in this section. The import of the last part of the 
section seems to be that the superintendent of schools or the board of edu- 
cation may, after all other means have been exhausted, pay the expense of 
the private tuition of these poor children out of the public school fund. 

* Sec. 11. There can be no doubt that it is intended to include pa- 
rochial schools under the designation "private schools." 

* Sec. 13 (a). Not only will superintendents of "schools, clerks of 
boards of education, truant officers, principals of schools, and teachers, be 
liable to a fine for a non-performance of the duties prescribed by this act, 
but also members of boards of education. 

* (6). See note under section 8. 



SCHOOL OFFICERS GUIDE. IO3 

Schools, and Attendance Enforced. Oh. 9. 

isting statutes to attend school at the institution for the edu- 
cation of the blind, and the deaf and dumb. Other provisions 
of statutes in force, relating to school affairs, shall not be af- 
fected by this act. Sections 4023, 4024 and 4028 of the Re- 
vised Statutes are hereby repealed. 

Sec. 15. This act shall take effect January 1, 1890. [86 
v. 333. 

* Sec. 15. When the title-page to this edition of the school laws was 
written, the fact was overlooked that this act did not go into effect on its 
passage. All the other laws in this volume, however, were in force, as 
stated in this title-page, on the 15th of April, 1889, the day the Sixty-eighth 
General Assembly adjourned. • 

* General Note. This compulsory law is one of the most important 
educational measures of the last twenty-five years. Its success will depend 
greatly upon the interest taken in it by school superintendents and boards 
of education. If they enter upon its enforcement, with the same spirit tha 
is to be found in the law itself, a class of children from which, to a large 
extent, has been recruited the great army of criminals in our state, will, in- 
stead, be trained into good citizenship, and thus become an element of 
strength instead of weakness. 



104 



OHIO SHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



CHAPTER 10. 



ENUMEBATION, TREASURER AND CLEEK. 



Section 

4030. Yearly enumeration of youth to 

be taken. 

4031. Qualification and pay of those 

taking the same. 

4032. Clerk, except in township dis- 

tricts, to employ person to take 
it. 

4033. Clerk of board of directors to take 

it in sub-districts. 

4034. Enumeration in joint sub-dis- 

tricts. 

4035. Clerk to transmit abstract to coun- 

ty auditor. 

4036. When the clerk fails, auditor to 

act. 

4037. When county line divides original 

surveyed township. 

4038. When enumeration not taken, 

district not entitled to school 
funds. 

4039. Auditor to furnish abstract to 

state commissioner. 

4040. Duty of state commissioner when 

enumeration excessive, etc. 

4041. Penalty for making fraudulent re- 

turns. 

4042. Who to be treasurer of school 

funds. 



Section 
4043. Bond of treasurer, and duties of 
board in reference thereto. 
Annual settlement by treasurer 

with county auditor. 
Penalty for failure to make such 
settlement. 

4046. Treasurer to report balances to 

board. 

4047. When treasurer may receive or pay 
money. 

Maximum amount of funds which 
treasurer may hold. 

Treasurer to deliver money, etc., 
to successor. 

Bond of clerk. 

When orders of clerk for teacher's 
pay illegal. 

Duties of clerk as to statistics, etc. 

Publication of receipts and dis- 
bursements by clerk. 

Clerk to deliver books, etc., to suc- 
cessor. 

How treasurer and clerk to keep 
account. 

Compensation of treasurer and 
clerk. 



4044. 
4045. 



4048. 
4049. 



4050. 
4051. 



4052. 
4053. 



4054. 
4055. 



4056. 



ENUMERATION. 



Yearly enu- 
meration of 
school youth. 



Sec. 4030. There shall be taken in each district, annu- 
ally, during the two weeks ending on the fourth Saturday in 
July, an enumeration of all unmarried youth, noting sex, 
between six and twenty-one years of age, resident within the 
district, and not temporarily there, designating also the num- 
ber between sixteen and twenty-one years of age, the number 
residing in the Western Reserve, the Virginia military district, 
the United States military district, and in any original sur- 
veyed township or fractional township to which belongs sec- 
tion sixteen, or other land in lieu thereof, or any other lands 
for the use of public schools, or any interest in the proceeds 
of such lands. [71 v. 15, § 77; 85 v. 192.] 



Who should be 
enumerated. 



Sec. 4030 (a). The annual enumeration should include all unmarried 
youth between the ages of six and twenty-one years, who at the time of 
taking such enumeration, actually dwell or have their home in the district, 
whether such youth constitute a part of the family of their parents or 
guardians, or are, in ''good faith and for a continuance of time, hired to 
labor or service in a family actually residing in such district. 



SCHOOL OFFICERS' GUIDE. IO5 

Enumeration, Treasurer and Clerk. Ch. 10. 

Sec. 4031. Each person required or employed under this {?ow en umera - 
chapter to take such enumeration shall take an oath or affirm- taken - 
ation to take the same accurately and truly to the best of his 
skill and ability. When making return thereof to the proper 
officers, he shall accompany the same with a list of the names 
of all the youth so enumerated, noting the age of each, and 
with his affidavit duly certified that he has taken and returned 
the enumeration accurately and truly to the best of his knowl- 
edge and belief, and that such list contains the names of all 
the youth so enumerated and none others. The officer to 
whom such return is required to be made, may administer 
such oath or affirmation and take and certify such affidavit, 
and shall keep in his office for the period of five years such 
report and list of names, and each person so taking and re- 
turning the enumeration shall be allowed by the proper board 

. Compensation 

of education reasonable compensation for his services, which for same. 
in sub-districts jshall not exceed two dollars for each person 
authorized, required or appointed to perform the service. [71 
v. 15, § 77 ; 80 v. 192.J 

Sec 4032. The clerk of the board of education of each cierk, except 
district, other than township districts, shall employ a suffi- districts! to* 
cient number of competent persons to take and return to him sons to take it. 
the enumeration of his district, in the manner prescribed in 
this chapter. [70 v. 195, § 78.] 

Sue. 4033. The director, who is clerk in each sub-district, 

How same 

shall take, or cause to be taken, annually, according to the ? ha11 De taken 

J ' ° in township 

p~ visions of this chapter, an enumeration of youth resident *ricts Ub ' dis * 
within his sub-district, and return a certified copy thereof to 
the clerk of the township board of education; if any such di- 
rector fail to perform such duty, and make said return on or 
before the fourth Saturday in July, the clerk of the township 
board shall employ a competent person to take and return the 

(6). If, however, a youth is staying temporarily in a district as a 
hoarder or visitor, or is a member of a family temporarily in the district and 
whose actual residence is in another district, such youth cannot be legally 
enumerated. But the temporary residence of a family in a district, if such 
family have at the time no other residence, does not exclude the children 
actually living in and belonging to such family from the enumeration. 

(c). A youth can be legally enumerated in but one district, and that 
is the district in which he actually resides. 

* (d). See note (6), section 4013. 



io6 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



Enumeration 
in joint sub- 
districts. 



Clerks to 
transmit ab- 
stract of 
enumeration 
to county 
auditor. 



When the 
clerk fails' 
auditor to act 



enumeration, give him an order on the treasurer of the board 
for his compensation, payable from the contingent fund, and 
proceed to recover the amount so paid, in a civil action, before 
any court having jurisdiction of the matter, in the name of 
the state, against such director; and the money so collected 
shall be paid to the treasurer of the board, and credited to the 
contingent fund; but in a township district which is not di- 
vided into sub-districts, the president of the board shall take 
and return the enumeration, or cause the same to be done. [70 
v. 195, § 33; 85 v. 193.] 

Sec. 4034. The enumeration of a joint sub-district shall 
be taken by the clerk of the board of directors, who shall 
transmit a certified copy thereof to the clerk of the board of 
education of the district in which the school-house of the sub- 
district is situate, and designate therein the number of youth 
residing in the respective fractions of townships of which 
the sub-district is composed; and if such sub-district is com- 
posed of parts of two or more counties, the clerk to whom the 
return is made shall transmit a certified copy thereof to the 
auditor of each county having territory within the sub-dis- 
trict. [70 v. 195, § 34 ; 71 v. 15, § 77 ; 72 v. 63, § 36.] 

Sec 4035. The clerk of each board shall, annually, on 
or before the first Saturday in August, make and transmit to 
the county auditor, an abstract of the enumeration by this 
chapter required to be returned to him, according to the form 
prescribed by the commissioner of common schools, with an 
oath or affirmation indorsed thereon that it is a correct ab- 
stract of the returns made to him under oath or affirmation ; 
and the oath or affirmation of the clerk may be administered 
and certified by any member of the board of education, or by 
the county auditor- [70 v. 195, § 79 ; 85 v. 193.] 

Sec 4036. If the clerk of any district fail to transmit 
such abstract of enumeration on or before the first Saturday 
in August, the auditor shall at once demand the same from 
such clerk ; and in case the enumeration has not been taken 
as required by this chapter, or the abstract required be not 
furnished without delay, the auditor shall employ competent 
persons to take such enumeration, who shall be subject to the 
legal requirements already specified, except that the return 
shall be made directly to the auditor, who may administer to 



SCHOOL OFFICERS GUIDE. IO7 

Enumeration, Treasurer and Clerk. Ch. 10. 

each person employed the oath or affirmation required; and 
the auditor shall allow the persons employed by him a reason- 
able compensation, to be paid out of the general county 
fund, and shall proceed to recover the amounts so paid in civil 
action before any court having competent jurisdiction, in the 
name of the state, against such clerk on his bond, and the 
amount so collected shall be paid into the general county 
fund. [70 v. 195, § 80 ; 85 v. 193.] 

Sec. 4037. If parts of an original surveyed township or „.,_ . 

r a J r when county- 

fractional township are situate in two counties, the auditor line divides; 

r ' original sur- 

of the county in which the smallest part is situate shall, so Jbfp d * town 
soon as the abstracts of enumeration are received by him from 
the clerks of the boards of education, certify to the auditor of 
the county in which the largest part is situate the enumera- 
tion of youth resiu,.. in the part of the township situate in 
his county ; if parts of such township or fractional township 
are situate in more than two counties, like certificates of 
enumeration shall be transmitted to the auditor of the county 
containing the greatest relative portion of such township, by 
the auditors of the other counties containing portions thereof; 
when it is uncertain which county contains the greatest rela- 
tive portion of such township, such certificates shall be trans- 
mitted to the auditor of the oldest county, by the other audi- 
tor or auditors ; and if the land granted by congress to such 
township or fractional township for the support of public 
schools has been sold, the auditor to whom such certificates 
are transmitted shall notify the auditor of state, without 
delay, that such enumeration has been certified to him. [70 
v. 195, §§ 121,130.] 

Sec. 4038. If an enumeration of the youth of a district wnen'enumer- 
be not taken and returned in any year, such district shall not taken^strict' 
be entitled to receive any portion of the school funds distrib- w school ec 
utable in that year on the basis of enumeration ; and if such 
loss to a district occur through the failure of the clerk of the 
board of education of the district to perform the duty re- 
quired of him by either section forty hundred and thirty-two, or 
forty hundred and thirty-five, he shall be liable to the district 
for the loss, which may be recovered in an action in the name 
of the state; and the money so recovered shall be paid into 
the county treasury, and apportioned in the same manner as 



io8 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



Auditor to 
furnish!ab- 
etract to state 
commis- 
sioner. 



Duty 'of state 
commissioner 
when enumer 
ation excess- 
ive, etc. 



Penal ty$f or 
making^fraud, 
ulent returns. 



the school funds so lost would have been apportioned. [70 v. 
195, §§ 120, 124.] 

Sec. 4039. The auditor of each county shall make, and 
transmit to the state commissioner of common schools, on or 
before the third Saturday in August, in each year, on blanks 
to be furnished by the commissioner, an abstract of the enu- 
meration returns made to him, duly certified. [70 v. 195, § 
81 ; 85 v. 193.] 

Sec. 4040. When the state commissioner of common 
schools, on examination of the enumeration returns of any 
district, is of opinion that the enumeration is excessive in 
number, or in any other way incorrect, he may require the 
same to be retaken and returned, and if he think it necessary 
he may for this purpose appoint persons to perform the ser- 
vice, who shall take the same oath, perform the same duties, 
and receive the same compensation, out of the same funds, 
as the person or persons who took the enumeration in the 
first instance, and the school fund distributable in proportion 
to enumeration shall be distributed upon the corrected re- 
turns. [70 v. 195, § 75.] 

Sec. 4041. An officer through whose hands the enumera- 
tion required by this chapter to be returned passes, who, by 
percentage or otherwise, adds to or takes from the number 
actually enumerated, shall be deemed guilty of a misdemeanor, 
and, upon conviction' of such offense, shall be fined in any 
sum not less than five nor more than one thousand dollars, or 
imprisoned in the county jail not less than ten nor more than 
thirty days, at the discretion of the court. [75 v. 195, § 75.] 



Treasurer of 
school funds. 



TREASURER AND CLERK. 

Sec 4042. In each city district the treasurer of the city 
funds shall be ex-officio treasurer of the school funds; but if 
the county treasurer is treasurer of the city funds, the board 
of education may appoint one of its members treasurer, who 
shall not receive any compensation for his services ; in each 
township district the treasurer of the township funds shall 
be ex-officio treasurer of the school funds ; and in each village 
and special district the board of education shall choose its own 
treasurer, whose term of office shall be for one year, beginning 
on the first day of September. [70 v. 241, § 44 ; 85 v. 193.] 



SCHOOL OFFICERS GUIDE. IO9 



Enumeration, Treasurer and Clerk. Ch. 10. 



and examined. 



Sue. 4043. Each school district treasurer, or county treas- g^li^^and 
urer who is ex-officio treasurer of a school district, shall, be- ]£ ^counted* 
fore entering upon the duties of his office, execute a bond, 
with sufficient surety, in double the probable amount of school 
funds that may come into his hands, payable to the state of 
Ohio, to be approved by the board of education, conditioned 
for the faithful disbursement, according to law, of all such 
funds which come into his hands; such bond, when so exe- 
cuted and approved, shall be filed with the clerk of the board 
of education of the district, who shall cause a certified copy 
thereof to be filed with the county auditor without delay; 
and such board, at the time of the approval of such bond, 
shall require the treasurer of the school funds to produce all 
money, bonds or other securities in his hands as such treas- 
urer, the same shall be then counted by the board, or a com- 
mittee thereof, in the presence of the clerk of the board, who 
shall thereupon enter upon the records of the board a certifi- 
cate, setting forth the exact amount of money or securities so 
found in the hands of such treasurer, which record shall be 

Section 4043 (a). And this whether the treasurer is elected by the 
board or is serving ex-officio. He must give bond as the treasurer of the 
school funds, though he may have already filed a bond as township, city, 
or county treasurer. 

In no case should the clerk neglect to send to the county auditor his 
cert'fied copy of the treasurer's bond, as the auditor is forbidden to give a bond 
treasurer an order on the county treasurer for a sum which at any time will 
make the amount in such treasurers hands over one-half of the penalty of 
his bonds. See section 1047, R. S. 

(b). Sec. 5841. A surety of the treasurer of school funds, in any 
school district organized under the provisions of law, may at any time Surety! 
• notify the board of education of the proper district, by giving at least five 
days' notice, in writing, that he is unwilling to continue as surety for such 
treasurer, and will, at a time therein named, make application to the board 
of education to be released from further liability upon his bond ; and he 
shall also give at least three days' notice, in writing, to such treasurer, of 
the time and place at which the application will be made. [70 v. 195, §481- 

(c). Sec. 5842. The board of education, upon such notice being given, 
shall hear the application, and if, in their opinion, there is good reason 
therefor, shall require the treasurer to give a new bond, conditioned accord- 
ing to law, and to the satisfaction of the board, within such time as they may 
direct ; and if the treasurer fail to execute such bond, the office shall be 
deemed to be vacant, and shall be immediately filled as other vacancies 
therein ; but such original sureties shall not be released or discharged until 
the riling of the new bond, or the expiration of the time allowed therefor; 



Treasurer's 



Release" of 



New bond. 



I IO 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



signed by the president and clerk of the board, and shall be 
prima facie evidence that the amount therein stated was actu- 
ally in the treasury at that date. [70 v. 195, §§ 46, 82 ; 76 v. 
' 16, §1.] 
Annual set- Sec. 4044. The treasurer shall, annually, within the first 

treSurer b with three days of September, settle with the county auditor for 
«oun yau 1 ^ g preceding school year, and for that purpose shall present 
a certified statement showing the amount of money received, 
from whom, and on what account, and the amount paid out, 
and for what purposes; he shall produce vouchers for all pay- 
ments made ; and if the auditor, on examination, find the 
statement and vouchers to be correct, he shall give the treas- 
urer a certificate of that fact, which shall, prima facie, be a 
discharge of the treasurer for the money paid ; and for making 
such settlement he shall be entitled to receive the sum of one 
dollar, and also five cents per mile for traveling to and from 



Default Ly 
treasurer. 



Loanof^public 
money. 



Inspection of 

treasurer's 

books. 



New bond in 
•case of re-elec- 
tion. 



■City districts. 

Time elapsed 
ing. 



and the cost of such application shall be paid by the person making the 
same. [70 v. 195, \ 8]. 

(d). In an action against a surety on a township treasurer's school bond, 
conditioned for the faithful disbursement of school moneys, a judgment 
for defendant will not be reversed, when the pleadings and evidence show a 
default by the treasurer only as to "township funds" in general items, 
without specifying that any part thereof was school money. The State v. 
Corey, 16 O. S. 17. 

(e). Township trustees have no authority to release a treasurer from 
his liability for any portion of the school fund belonging to the township. 
State v. Williams, 13 O. 495. 

(/). Bonds must be accepted within reasonable time. 31 O. S. 451. 

(g). Section 6841 provides heavy penalties for any officer who loans 
or deposits money belonging to the public. 

But section 21 provides that the illegality of the act of loaning such • 
money shall be no hindrance to bringing suit for it. 

{h). Treasurer's books and accounts are always subject to inspection 
by the trustees, who shall— see section 1511 — at least once each year, make a 
thorough examination of the same. 

( i). A treasurer who is his own successor must give a new bond for 
the term to which he is re-elected. His former bondsmen will not be liable 
for defaults committed within the term for which he is reelected. Their 
liability ceased with the expiration of his former term of office. See 7 O., 
2d pt, 221, or 4 Western Law Monthly. In case the treasurer of a city 
district fails to give, bond, his office may be declared vacant by the city 
council. See section 1740, E. S. Should a treasurer present his bond after 
the time prescribed for tendering it, and should such bond be accepted, 
would undoubtedly be held good. See 25 O. S. 567. 



SCHOOL OFFICERS GUIDE. I I I 

Enumeration, Treasurer and Clerk. Ch. 10. 

the county seat, to be paid out of the county treasury, on the 
order of the county auditor. When the treasurer's term 
begins on the first day of September the annual settlement 
shall be made by the outgoing treasurer. [71 v. 9, § 47; 85 v. 
194.] 

Sec. 4045. If the treasurer of any school district will- 

eii ,. . -, r .-, , , . , Penalty for 

fully or negligently fail, to make such annual settlement failure to 
within the time prescribed in the preceding section, he shall tiement. 
be liable to pay a fine of fifty dollars, to be recovered in a 
civil action in the name of the state ; which amount, when 
collected, shall be paid into the county treasury, and shall be 
applied to the use of common schools in his district; and the 
county auditor shall proceed forthwith, incase of such failure, 
to recover the penalty, by suit against such treasurer, before 
any justice of the peace of the county. [71 v. 9, § 47.] 

Sec. 4046. The treasurer shall report to the board of Treasurer to 

i • i - t . report bal- 

education, within ten days alter his settlement with the ances to board. 
county auditor, the amount of money in his hands for school 
purposes, and the amount belonging to each fund. [70 v. 195, 
§47.] 

Sec 4047. No treasurer of a school district, except in ^hen treag . 
cases otherwise provided for in this title, shall pay out any 
school money except on an order signed by the president and 
countersigned by the clerk of the board of education ; and no 
money shall be paid to the treasurer of a district, other than 
that received from the county treasurer, except upon the order 
of the clerk of the board, who shall report the amount of such 
miscellaneous receipts to the county auditor each year, im- 

Sec. 1044 (a). If it is evident to the county auditor that the school Auditor's 
moneys have been illegally paid out, as they would be if paid to any mem- duty. 
ber of a board of education on any contract with such board, or as an 
employe thereof, it is his duty to refuse the treasurer credit for the same. 
If moneys have been paid from the wrong fund, as from the the school 
fund, when the law says it must be township fund, the auditor must 
not allow credit to such orders. He should insist on their correction by the 
board, or correct them himself by proper debit and credit. 

(6). No voucher should be received by the auditor which he has rea- 
son to believe a court of law would reject. No paper is a voucher for the 
payment of money to A, which has not A's receipt on it, or accompanying 
it. An order properly made out, but merely marked " paid " by the treas- 
urer, is not a receipt. See section 4047. 



urer may re- 
ceive or pay 
money. 



112 



OHIO SCHOOL LAWS. 



Cli. 10. 



Enumeration, Treasurer and Clerk. 



Maximum 
amount of 
funds which 
treasurer mav 
hold. 



Treasurer to 
deliver 
money, etc., 
to successor. 



mediately preceding such treasurer's settlement with the au- 
ditor. [71 v. 15, § 83.] 

Sec. 4048. The auditor shall in no case permit the 
treasurer of a school district to have in his han is, at any time, 
an amount of school funds over one-half the amount of the 
penalty in the bond of the treasurer; and before giving such 
treasurer any order for school funds, he shall require the 
treasurer to file with him a statement, to be furnished by the 
clerk of the board of education whenever necessary for the 
purpose, showing the amount of funds in the treasurer's 
hands according to the clerk's books. [70 v. 195, § 84.] 

Sec. 4049. At the expiratioa of his term of service each 
treasurer shall deliver to his successor in office all books, 
papers, money, and other property in his hands belonging to 
the district, and take duplicate receipts of his successor there- 
for, one of which he shall deposit with the clerk of the board 
of education within three days thereafter. [71 v. 9, § 47 ; 85 
v. 194.] 



Exception. 



Treasurer's 
discretion. 



Embezzlement 
by municipal 
and school 
officers. 



Selling public, 
property to 
defraud. 



Sec. 4047 (a). The case "otherwise provided for " is the payment of 
teachers in the sub-districts on the order of the directors. Section 4018. 

(b). The treasurer should not pay an order for what he believes to be 
an illegal object, until he can consult with other members of the board, 
and have the question fully investigated. A man of discretion is supposed 
to be chosen to this, as to other offices, that the chances for discovering 
errors and frauds may be multipled. 

(c). Sec. 6846. A member of the council or board of aldermen of 
any municipal corporation, or an officer, agent, clerk, or servant of such 
corporation, or any board or department thereof, or an officer, agent, clerk, 
or servant ot any board of education, who, knowingly, diverts, appropriate 
or applies any funds, or a part of any fund, raised under any law, by taxa- 
tion or otherwise, to any other use or purpose than that for which it was 
raised or appropriated, or who, knowingly, diverts, appropriates, or applies, 
any money borrowed, or any bond of the corporation, or any part of the 
proceeds of such bond, to any other use or purpose than that for which such 
loan was made, or bond issued, shall be deemed guilty of embezzliug the 
amount so diverted, appropriated, or applied, and punished accordingly. 
[66 v. 263, \ 671 ; 73 v. 116, § 1]. 

(d). Sec. 6847. Whoever, being intrusted with the care, custody, or 
control, of any property of • the state, or of any county, township, or 
municipal corporation, sells or disposes of the same, for his own use, with 
intent to defraud, is guilty of embezzlement, and shall be punished ac- 
cordingly. [69 v. 193, I 2]. 

Sec. 4048 (a). The county auditor is, by section 1047, E. S., required 



SCHOOL OFFICERS GUIDE. 113 



Enumeration, Treasurer and Clerk. Ch. 10. 



[Sec. 6975a. It shall be unlawful for any person to offer 
or give, directly or indirectly, any reward or consideration, or 
make any present or reduction in price to any person em- 
ployed in any of the public schools of this state, cr to any 
officer having any authority or control over the same for 
favoring, recommending or advocating the introduction, 
adoption or use, in the school in which such person is em- 
ployed, or over which such officer has any authority or con- 
trol, of any text-book, map, chart, globe or other school sup- 
plies, or to induce him so to do ; and it shall be unlawful for 
any such employe or officer, to accept, or to offer or agree to 
receive or accept any reward, consideration, present, gift or 
reduction in price for so doing; and it shall also be unlawful 
for any local director or member of a board of education to 
vote for, or participate in the making of any contract with 
any person as a teacher or instructor in any of the public 
schools of this state to whom he is related as father or brother, 
or to act in any matter in which he is pecuniarily interested, 
or to receive, or to offer to accept or receive any reward or gain 
for any official act. Any person violating any of the forego- 
ing provisions shall, upon conviction, be fined not less than 
twenty-five dollars, and not more than five hundred dollars, 
or be imprisoned not more than six months, or both.] [85 v. 
207.] 

to open an account with each school district in the county. For condition ^^ < ^ i 5 or ^ 1 ^ c ~ 
on which warrant is given the treasurer of any school district, see same districts. 
section. 

(b). By reference to section 1122, R. S., it will be seen that when Money left in 
desired, the school funds may be permitted to remain in the county treasury u °" nty treaK ~ 
in which case they may be drawn out by the school treasurer in suras not 
less than one hundred dollars. See also section 1123, R. S. 

Sec. 4049 (a). Sec. 6975 R. S. provides that " a member of a board of 
education, organized under any law of this state, who accepts or receives 
any compensation for his services as suoh member, except as clerk or 
treasurer of such board, shall be deemed guilty of embezzlement of the 
amount so received, and punished accordingly." [TO v. 214, # 67]. 

(b). Sec. 7299. Any failure or refusal to pay over, or to produce the 
public money, or any part thereof, by an officer or other person charged 
with the collection, receipt, transfer, disbursement, or safe keeping of the 
public money, or any part thereof, whether belonging to the state, or to any 
county, township, municipal corporation, or board of education in this 

8 



1 14 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



Bond of clerk. 



When orders 
to clerk for 
teacher's pay 
illegal. 



Sec. 4050. The clerk of each board of education shall 
execute a bond, in an amount and with surety to be approved 
by the board, payable to the state of Ohio, conditioned that 
he shall perform faithfully all the official duties required of 
him ; which bond shall be deposited with the president of 
the board, and a copy thereof, certified by the president of 
the board, shall be filed with the county auditor. [70 v. 195, 
§45.] 

Sec. 4051. It shall be unlawful for the clerk of a board 
to draw an order on the treasurer for the payment of a teacher 
for services until the teacher files with him such reports as 
are required by the state commissioner of common schools 
and the board of education, a legal certificate of qualification, 
or a true copy thereof, covering the entire time of the service, 
and a statement of the branches taught; but orders may be 



state, or any other public money whatever, or to account to, or to make 
settlement with, any proper and legal authority, of the official accounts of 
such officer or person, shall be held and taken as prima facie evidence of 
the embezzlement thereof, and upon the trial of such officer or person for 
the embezzlement of public money under section 6841, it shall be sufficient 
evidence, for the purpose of showing a balance against him, to produce a 
transcript from the books of the auditor of state, or the auditor of the 
county, or the records of the commissioners of the county ; and the refusal 
of any such officer or person, whether in or out of office, to pay any draft, 
order, or warrant drawn upon him, by the proper officer, for any public 
money in his hands, no matter in what capacity the same was received or 
is held by him, or any refusal, by any person or public officer, to pay. over 
to his successor any public money or securities promptly, on the legal re- 
quirement of any authorized officer of the state or county, shall be taken 
on the trial of an indictment against him for embezzlement as prima facie 
evidence of such embezzlement. [55 v. 44, \ 15]. 

* Sec. 6975a. This is classified in the R.S. as one of the sections of the 
Issuing orders. Criminal Code, but as the subject-matter pertains entirely to schools, it has 
been thought best to insert here. 

Section 4051 (a). If an order is drawn for the illegal payment of a 
teacher, the remedy of the board is a writ of injunction. 

(&). Each of these three documents must be carefully filed by the clerk 
and handed over to his successor in office. 

(c). Persons who are to teach subjects not on the list of studies 
enumerated in the statute, must have a certificate covering all such branches. 
Not only the teacher, but each member of the board of education is 
severally liable for the repayment of money paid under their vote and 
order, to a teacher who does not hold a certificate covering each and every 
branch taught. The same rule applies to all payments made to teachers 



What teach- 
ers' certifi- 
cate must 
cover. 



When mem- 
bers of board 
liable for pay 
ment of 
teacher. 



SCHOOL OFFICERS GUIDE. I 1 5 

Enumeration, Treasurer and Clerk. Ch. 10. 

drawn for the payment of special teachers of drawing, paint- 
ing, penmanship, music, gymnastics, or a foreign language, 
on presentation of a certificate to the clerk, signed by a 
majority of the examiners, and the riling with him of a true 
copy thereof, covering the time for which the special teacher 
has been employed, and the specialty taught. [70 v. 195, §§ 
53, 91.] 

Sec. 4052. The clerk of each board shall prepare the an- Annual sta- 
tistical report 
nual report of the receipts and expenditures of school money, °* Doard of 

1 r r j i education : by 

and the statistical statement in reference to the schools, re- whom pre- 

' pared. 

quired of the board by section forty hundred and fifty-seven, 
and transmit the same to the county auditor on or before the 
first day of September; provided, that in each school district 
having a superintendent of schools, except city districts of 
the first class, the annual report, except the receipts and ex- 
penditures of money, shall be made by the superintendent. 
[70 v. 195, § 82 ; 85 v. 194] 

Sec. 4053. The board of education of each district, ex- 

Publication 

ceptcity districts of the first class, shall require the clerk of of receipts 

r J ^ and disburse- 

the board annually, ten days prior to the election for mem- m |" k tsby 
bers of the board and directors of sub-districts, to prepare, 
and post at the place or places of holding such elections, or 

before reports required by law, by the State Commissioner of Common 
Schools, and by the board of education, have been made. 

(d). An assistant teacher who has not a legal certificate can not be Payment of 
paid through an order drawn in favor of another teacher who had a cer- assistant or 
tificate, nor can any uncertificated teacher, who is employed as a substitute, substitim ' 
receive pay through another teacher. Section 4074 provides that "no 
person shall be employed as a teacher" who has not a legal certificate. It 
is the duty of the township clerk to refuse to draw an order for the pay- 
ment of money from the school fund when he has satisfactory evidence that 
any portion of such money is to be used for the payment of a teacher not 
holding a legal certificate. A legal certificate must cover the entire time of 
the teacher's service ; must specify all the branches taught, and can neither 
directly nor indirectly be made to legalize another teacher's services. 

(e). An order drawn by the clerk of the board of education, under the 
statute, in favor of a third person or bearer, on the township treasurer, is Orders not 
not negotiable, and a purchaser takes such order subject to the same defenses negotiable, 
that could be made against it in the hands of the payee. The State ex rel. 
Steinbeck, et al. v. Treasurer of Liberty Township. 22 O. S., 144. 

The written acceptance of such order by the predecessor of the town- 
ship treasurer, to whom it was presented for payment, imposes no greater 0r(3 f e ^ a h ? " 
obligation on the latter to pay the same, than he would have been under decessor. 
had it been presented without such acceptance. lb. 



n6 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



Clerk to de- 
liver books, 
etc., to suc- 
cessor. 



How treas- 
urer and clerk 
to keep ac- 
counts. 



Compensa- 
tion of treas- 
urer and 
clerk. 



publish in some newspaper of general circulation in the dis- 
trict, an itemized statement of all money received and dis- 
bursed by the treasurer of the board within the school year 
last preceding. [70 v. 195, § 66.] 

Sec. 4054. Each clerk shall, at the expiration of his 
term of office, deliver to his successor all books and papers in 
his hands relating to the affairs of his district, including cer- 
tificates, and copies thereof, and reports of school statistics, 
filed by teachers. [70 v. 195 § 84.] 

Sec. 4055. The auditor of each county shall furnish to 
the clerk and treasurer of each school district in his county a 
suitable blank book, made according to the form prescribed 
by the commissioner of common schools, in which each shall 
keep an account of the school funds of his district; the clerk's 
account shall show the amounts certified by the county 
auditor to be due the district, all sums paid to the treasurer 
from other sources on his order, and all orders drawn by him 
on the treasurer, and upon what funds and for what purposes 
drawn ; the treasurer's account shall show the amounts re- 
ceived from the county treasurer, all sums received from 
other sources on the order of the clerk, and the amounts paid 
out, and from what fund and for what purposes paid ; and a 
separate account of each fund shall be kept, and each account 
shall be balanced at the close of the school year, and the bal- 
ance in the treasurer's hands belonging to each fund shown. 
[70 v. 195, § 84.] 

Sec 4056. The board of education may fix the compen- 
sation of clerk and treasurer; the allowance made to the treas- 



Order illegally 
issued. 



Acceptance of 
orders. 



(/). If an order has been illegally issued, the board of education 
should recall it, and in case of refusal to return, they should enter a suit in 
equity to recover it or have it canceled. 

ig). If a school treasurer indorses an acceptance of an order drawn 
on him, he is obliged thereby to retain proper funds to meet it. But this 
even is not permissible, unless the order itself is unimpeachable. 50 Mo., 
425. 

* Sec. 4056. (a). School Commissioner De Wolf and Attorney-General 
Nash held the opinion that the compensation provided for the township 
clerk under this section is not to be included in the $150 limit of section 
1531, R S. 

* (6). See section 4052, as to duty of clerk to prepare report, and of 
superintendent in certain districts. 



SCHOOL OFFICERS GUIDE. I 1 7 

Enumeration, Treasurer and Clerk. Ch. 10. 

urer shall not exceed one per centum of the money disbursed 
by him on orders of the board; but the treasurers of township 
districts shall be allowed as compensation one per centum on 
all school funds disbursed by them; and both clerks and 
treasurers should be paid out of the contingent fund, on the 
order of the board of education, but treasurers of city districts 
shall not be allowed compensation for disbursing the school 
funds; but before such order for pay of treasurer shall be made 
he shall present to the board the auditor's certificate of dis- 
charge provided for in section four thousand and forty-four, 
Revised Statutes, and before such order for pay of clerk shall 
be made he shall present to the board a statement, officially 
signed and certified by the auditor, that he has returned all 
the reports of statistics for that year required by this title. 
[70 v. 195, § 49 ; 80 v. 195 ; 85 v. 194.] 



CHAPTER 11. 
KEPORTS. 



Section 

4057. Annual report by board of edu 

cation. 

4058. In what form to be made, etc. 

4059. Reports by superintendents and 

teachers. 

4060. Duties of county auditors as to 

school statistics, etc. 



Section 

4061. Penalties against auditor and 

clerk. 

4062. When auditor to appoint person 

to make reports. 

4063. Fu i ther penalties against auditor. 

4064. Compensation of auditor. 



Its connection. 



Sec. 4057. The board of education of each district shall Annual report 
make a report to the county auditor, on or before the first day ucatioD. 
of September in each year, containing a statement of the re- 
ceipts and expenditures of the board, the number of schools 
sustained, the length of time such schools were sustained, the 
enrollment of pupils, the average monthly enrollment, and 
average daily attendance, the number of teachers employed, 
and their salaries, the number of school -houses and school 
rooms, and such other items as the commissioner of common 
schools may require. [70 v. 195, § 75 ; 85 v. 195.] 

Sec. 4058. The report shall be made on blanks which 

. In what form 

shall be furnished by the commissioner of common schools to tobemade.ete. 
the auditor of each county, and by the auditor to each school 
clerk in his county ; and each board of education, or officer 



n8 



OHIO SCHOOL LAWS. 



Ch. 11. 



Reports. 



or employe thereof, or other school officer in any district or 
county, shall, whenever the commissioner so requires, report 
to him direct, upon such blanks as he shall furnish, any state- 
ments or items of information that he may deem important 
or necessary. [70 v. 195, § 75.] 
Reports by su- ^ec. 4059. Boards of education shall require all teachers 

and^eachere 6 an< ^ superintendents to keep the school records in such man- 
ner that they may be enabled to report annually to the county 
auditor, as required by the provisions of this title, and may 
withhold the pay of such teachers as fail to file with the clerk 
the reports required of them; they may require superintend- 
ents to report each year such matters as they deem important 
or necessary for information in regard to the management 
and conduct of the schools, and to make such suggestions and 
recommendations as they may deem advisable relative to 
methods of instruction, school management, or other matters 
of educational interest ; and the board of each city district 
of the first clas3 shall prepare and publish, annually a report 
of the condition and administration of the schools under its 
charge, and include therein a complete exhibit of the finan- 
cial affairs of the district. [70 v. 195, § 76.] 



What record 
should show. 



Sec. 4059 (a). Boards of education have power to supply themselves 
with all blank books, order books, and stationery necessary for the transac- 
tion of their official business, and also to supply teachers with registers and 
necessary stationery. 

(b). Every teacher should keep a daily record of the attendance of 
each pupil enrolled in his school, and for this purpose should be supplied 
by township or other district board with a suitable school register. 

(c). Every teacher should record in permanent form the scholarship of 
each pupil, including in the record, as left at the end of each term, the point 
in each text-book reached by the pupil. In the rural schools, at least, it is 
better that the same register which is used for recording attendance, be 
used to record the standing of the pupils also for each term, as a matter of 
great convenience to the incoming teacher. These registers should be re- 
turned each term to the clerk of the board of education, and it would be 
well if all boards would adopt the rule that no order should be issued to a 
teacher for his final payment until such deposits had been made. It would 
also be well if the teachers in rural districts were required to send to the 
clerk, for the information of the board, a statement as to the advauced 
classes of the school, the points they have reached in their studies, and 
whether these advanced pupils intend to prosecute their studies further, in 
order that boards may intelligently provide instruction for such pupils. 



SCHOOL OFFICERS GUIDE. I 19 

Reports. Ch. 11. 

Sec. 4060. The auditor of each county shall, on or before Du *y° f ^J^ 

J ' auditor as to 

the twentieth day of September, annually, prepare and trans- tics°etc. tatis " 
mit to the commissioner of common schools, an abstract of 
all the returns of school statistics made to him from the sev- 
eral districts in his county, according to the form prescribed 
by the commissioner, and a statement of the condition of the 
institute fund, and such other facts relating to schools and 
school funds as the commissioner may require ; he shall, also, 
cause to be distributed all such circulars, blanks, and other 
papers, including school laws and documents, in the several 
school districts in the county, as the commissioner may law- 
fully require ; and if the auditor neglect to prepare and re- 
turn any of the abstracts or reports herein required, the county 
commissioners shall withhold from him all compensation for 
his services under this title. [70 v. 195, § 123 ; 85 v. 195.] 

Sec. 4061. The auditor shall, also, be liable on his bond Penalties 

against audi- 

for any such neglect, in a sum not less than three hundred tor and clerk. 
nor more than one thousand dollars, on complaint of the 
commissioner of common schools; and if the clerk of the 
board of education of any district fail to make the annual 
returns of school statistics required by this title, to the county 
auditor, he shall be liable on his bond, in a sum not less than 
fifty nor more than three hundred dollars, on complaint of the 
county auditor or of the board of education, to be recovered 
in a civil action in the name of the state, and when collected 
to be paid into the county treasury, and applied to the use of 
common schools in such district. [70 v, 195, § 123 ] 

Sec 4062. Upon the neglect or failure of the clerk of 
the board of education of any district to make the reports re- toaDpoim per' 
quired in this title, and by the time specified, the county au- ports° m 
ditor shall appoint some suitable person, resident of the district, 
to make such reports, who shall receive the same compensa- 
tion therefor, and in the same manner, as is allowed by law 
for like services. [70 v. 195, § 123.] 

Sec. 4063. A county auditor who willfully or negligently Further penal . 
fails, in any year, to transmit to the commissioner of common ditorf ain6t au ' 
schools the abstract of enumeration required by section forty 
hundred and thirty nine, or to perform any other duty required 
of him in this title, shall be liable on his bond to the extent 
of twice the sum lost to the school districts of his county in 



120 



OHIO SCHOOL LAWS. 



Ch. 11. 



Reports. 



Compensa- 
tion of audi- 
tor. 



consequence of such failure, which sum shall be recovered in 
a civil action against him, on his bond, in the name of the 
state, before any court of competent jurisdiction ; and the 
money so recovered shall be paid into the county treasury, 
for the benefit of such districts, and apportioned in the same 
manner as the school funds so lost would have been appor- 
tioned. [70 v. 195, §§ 81, 124.] 

Sec. 4064. The commissioners of each county shall 
allow the county auditor, annually, a reasonable compensation 
for his services under this title, not to exceed five dollars for 
each city, village, special, and township school district in his 
county, to be paid out of the county treasury ; but before such 
allowance shall be made for any year the auditor shall pre- 
sent to the commissioners a statement, officially certified and 
signed by the commissioner of common schools, that he has 
transmitted to the commissioner all reports and returns of 
statistics for that year required by this title. [70 v. 195, § 125.] 



CHAPTER 12. 



EXAMINERS. 



Section 
4065. State board — appointment, term 

of office, and vacancy. 
Board may grant life certificates ; 

record thereof, etc. 
Effect thereof ; may be revoked 

for cause. 
Fee for examination. 
County boards — appointment, 

term, and vacancies. 
President and clerk, and certain 

duties of clerk. 
Meetings of board, and fee for 

examination. 
Disposition of fees. 
Validity and revocation of certifi- 
cates. 

4074. Certificate a pre-requisite to em- 

ployment ; special duties. 

4075. Compensation and incidental ex- 

penses of board. 



4066. 
4067. 



4068. 
4069. 



4070. 
4071. 



4072. 
4073. 



SECTION 

4076. Annual report of clerk, and his 

bond. 

4077. Boards of city districts of first- 

class. 

4078. Standard of qualification for 

teachers. 

4079. Organization of board ; bond of 

clerk. 

4080. Meeting, and publication of 

notice. 

4081. Examination fee ; power of board. 

4082. Compensation of examiners ; in- 

cidental expenses. 
408S. Duties of clerk; disposition of 
fees. 

4084. Boards of city districts of second 

class and village districts. 

4085. Who ineligible as examiner. 



STATE BOARD OF EXAMINERS. 



State board of 

examiners, 

term. 



Sec 4065. There shall be a state board of examiners, 
which shall consist of five competent persons, resident[s] of the 
state, to be appointed by the state commissioner of common 
schools, not more than three of whom shall belong to the 



SCHOOL OFFICERS GUIDE. 121 

Examiners. Ch. 12. 

same political party. The terms of office of such examiners 
shall be five years ; the terms of one of the examiners shall 
expire on the 31st day of August, each year ; [and when 
one of which shall expire on the 31st of August every year] ; 
and when a vacancy occurs in the board, whether from ex- 
piration of the term of office, refusal to serve, or other cause, 
the commissioner shall fill the same by appointment for the 
full or unexpired term, as the case demands. [70 v. 195, § 85 ; 
85 v. 330]. 

Sec. 4066. The board thus constituted may issue three „ 

J May issue life 

grades of life certificates to such as are found to possess the Jgjj^JJJJf 68 oi 

requisite scholarship, and who exhibit satisfactory evidence s rades - 

of good moral character and of professional experience and 

ability ; the certificates shall be for different grades of schools 

according to branches taught, and shall be valid in the schools 

specified therein. The clerk of the board shall keep a record clerk's record 

of the proceedings, showing the number, date and grade of 

each certificate, to whom granted, and for what branches of 

study, and shall report such statistics to the commissioner, 

annually, on or before the 31st day of August. [70 v. 195, 

§ 87 ; 78 v. 31 ; 85 v. 330]. 

Sec. 4067. All certificates issued by such board shall be Effect there . 
countersigned by the commissioner of common schools; and revokedfor 
such certificates shall supersede the necessity of any and all 
other examinations of the persons holding them, by any 
board of examiners, and shall be valid in any school district 
in the state, unless revoked by the state board for good cause. 
170 v. 195, § 87]. 

Sec 4068. Each applicant for a certificate shall pay to 
the board of examiners a fee of five dollars; and the clerk of 
the board shall pay to the state treasurer, all fees received, 
and file with the state auditor a written statement of the 
amount. Each member of the board shall be entitled to re- compensa- 

,,,. ., -,. tion and ex- 

ceive five dollars for each day he is necessarily engaged in penses of ex- 
aminers. 
official service, and also six cents per mile each way for 

traveling from and to his place of residence, by the most 
direct route of public travel to and from the places of meet- 
ings of the board, to be paid out of the state treasury on the 
order of the state auditor ; all books, blanks and stationery 
required by the board shall be furnished by the secretary of 
state. [70 v. 195, § 88, 85 v. 330]. 



Fee for exam- 
ination. 



122 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



County 
boards; num- 
ber, terms, 
revocation. 



No book 
agent or book 
seller can be 
examiner. 



President and 
clerk of board 
of county 
school exam- 
iners ; duties 
of clerk. 



Sec. 4069. There shall be a board of examiners for each 
county, which shall consist of three competent persons, to be 
appointed by the probate judge ; such persons shall be resi- 
dents of the county for which they are appointed, and shall 
not be connected with or interested in any normal school or 
school for the special education or training of persons for 
teachers; if an examiner becomes connected with or in- 
terested in any such school, his office hall become vacant 
thereby; the term of such office of such examiners shall be 
three years ; the term of one of the examiners shall expire 
on the 31st day of August each year; but the probate judge may 
revoke the appointment of any examiner upon satisfactory 
proof that he is inefficient, negligent or guilty of immoral 
conduct ; when a vacancy occurs in the board, whether from 
expiration of the term of office, refusal to serve, or other 
cause, the probate judge shall fill the same by appointment 
for the full or unexpired term, as the case demands; and 
within ten days after an appointment, the probate judge 
shall report to the commissioner of common schools the name 
and post-office of the appointee, and whether the appoint- 
ment is for a full or unexpired term ; and no person ishall be 
appointed to the position or exercise the office of state, 
county, city or village examiner of teachers who is the agent 
of or is interested in any book-publishing or book-selling 
firm, company or business. [85 v. 330.J 

Sec 4070. The board shall organize by choosing from 
its members a president and clerk; the clerk shall keep a 
record of the proceedings, showing the number and date of 
each certificate issued, and to whom, for what term, and for 
what branches of study, and such other statistics relating to 
the examination and proceedings as the commissioner of com- 
mon schools may require, and shall report such statistics to 
the commissioner annually on or before the first day of Se- 
tember; and such boards may make all needful rules and 
regulations for the proper discharge of their duties. [70 v. 
241, §95; 85 v. 195.] 



Who may be 
examiner. 



Section 4069. As the statute requires that an examiner shall be a 
resident of the county in which he is appointed, so the Constitution, Art. 
XV, section 4, declares that " no person shall be elected or appointed to 
any office in this state, unless he possesses the qualifications of an elector." 

Sec. 4070. The prosecuting attorney is the legal adviser of county 
boards of examiners. See section 1274, K. S. 



SCHOOL OFFICERS GUIDE. 



123 



Examiners. 



Ch. 12. 



Each board shall fix upon the place and times Meetings of 

board, una lee 



Sec. 4071. 
for holding meetings for the examination of applicants for cer- 
tificates, notice of which shall be published in some news- 
paper of general circulation in the county; the meetings, of 
which there shall not be moie than eighteen in any year, shall 
be held at such place in the county as will, in the opinion of 
the board, best accommodate the greatest number of appli- 
cants; a majority of the board may examine applicants and 
grant certificates; and as a condition of examination each ap- 
plicant shall pav to the board a fee of fifty cents. [70 v. 195, 
§§ 90 ; 91.] 



for examina- 
tion. 



Sec. 4071 (a). The law provides for several, not more than eighteen, 
duly advertised meetings of the board for the examination of teachers. 
The notice seems designed for the accommodation of the teachers and ex- 
aminers both, and probably to prevent star chamber examinations. The 
limited number of meetings provided for is evidently designed to limit the 
expense to the state. It is nowhsie expressly declared that the board 
shall not grant certificates to individuals except at such advertised meetings. 
As, however, the law has made of three competent persons a board of exam- 
iners, it knows no individual person or persons, as such, who have power to 
examine, or to determine the qualifications of teachers. It requires the 
official judgment of three men, or a majority of them, on every question 
submitted to examiners for decision. 

(b). A board duly organized, with its president and clerk, constitutes 
the authoritative body to which the state has entrusted these serious and 
important duties. Certainly, no meeting for the examination of a teacher 
would be able, in any emergency, to give a legal certificate, of which meet- 
ing all the members' have not had due notice, unless this defect is cured by 
the actual presence of all three of the members, with common consent to 
proceed with the examination. 

(c). No teacher can draw pay for teaching a single day without a cer- 
tificate which covers all the branches he assays to teach, and the penalty is 
severe as to him, and as to the members of any board of education, and any 
clerk or treasurer who shall unlawfully pay out the money of the state — see 
section 6841. A dilemma may be presented under the law itself, which can 
only be met by considering and conforming to the strongest purpose of the 
law. This purpose would seem to be that the schools shall be kept up, and 
shall only be taught by persons holding certificates. Thus, perhaps, a board 
may be justified in holding a special meeting for the examination of a 
teacher. It should never be done without the most urgent reasons, such as 
a vacancy occasioned by death, or a like pressing emergency. It can hardly 
be claimed that such special, unadvertised meeting is such a meeting as is 
directly provided for by law, and for which pay can be drawn. 

(d). It seems that examiners have, in some cases, advertised meetings 
for the examination of candidates for, say, three years' certificates only. It 
is difficult to see the legality or expediency of such proceeding. Have not 
all candidates a right to appear at any of the public advertised meetings 



Number of 
examinations. 



Private ex- 
aminations. 



Notice of 
meeting. 



Certificate 
must cover 
all branches 
taught. 



Special meet- 
ing extreme 
cases. 



Examina- 
tions for spec- 
ial grade cer- 
tificates. 



124 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Disposition of 
fees. 



Certificates 
valid, when 
and where. 



Sec. 4072. The clerk of the board shall pay to the county- 
treasurer, quarterly, all fees received, and rile with the county 
auditor a written statement of the amount, and of the num- 
ber of applicants, male and female, examined during the 
quarter; and such money shall be set apart for the support 
of teachers' institutes, and applied as provided in chapter 
thirteen. [70 v. 195, § 91 ; 83 v. 40.J 

Sec. 4073. The board may grant certificates for one, two 
and three years from the day of examination, which shall be 
valid in the county wherein they are issued, except in city 
and village districts that have boards of examiners, in which 



Board must 
decide as to 
each appli- 
cant.} 



Assistance of 
experts! 



Delegation of 
official trust. 



Signature, 
wrong initials. 



provided for by law? If one fails in a trial for a three years' certificate, 
may he not be found qualified to receive a two years' certificate without the 
trouble and expense of another journey and another fee? 

(e). It has been decided by two or more common pleas courts of Ohio, 
" that the examination of the candidate, and determination to grant the 
certificate being official acts, can only be legally performed at a session of 
the board duly organized, and that the whole board, as such, is to decide re- 
garding the qualifications of each applicant to teach each branch certified to." 
See also case of McCortle v. Bates, 29 O. S., 419, as quoted quite in full 
under section 3982. All its reasoning regarding boards of education applies 
equally to examining boards. 

(/). The board may, in certain cases, call in the aid of a specialist to 
examine a candidate for them in specific branches. But the official mind, 
as, in cases at the bar, the "judicial mind," must itself be satisfied — in this 
case by the testimony of the expert — that the candidate is qualified in each 
branch, and the board must certify to this. 

(g). An official trust cannot be delegated. See III. Central Law 
Journal, page 472. The board has no authority, therefore, to appoint 
a substitute to perform the duties of any of its members. A certificate 
depending on the signature of such substitute for its validity, is worthless. 
As all citiztns are bound to know the law, so candidates and school author- 
ities are bound to know who are legal, or, at least, de facto public officers. 

* (i). If a person ineligible to the office of examiner has been appointed 
in good faith, and without knowledge of this ineligibility, it is probable his 
acts as examiner would be held valid in a court of law, as the acts of an 
officer de facto though not de jure. But it is clear that after the attention 
of the interested parties has been called to this ineligibility, that all the 
future acts of such ineligible person as an examiner will be null and void, 
and that any certificate depending on the signature of such person for its 
validity, will be without legal value. 

(h). An officer commissioned under the initials J. H., signs his true 
initials A. J., to a certificate, A. J. being the person in fact intended and 
appointed, the act and signature are held sufficient by the Supreme Court 
of Ohio. See N. B. Gates, treasurer, vs. Beckwith, in II. Western Law 
Monthly, page 589. 



SCHOOL OFFICERS GUIDE. 1 25 

Examiners. Ch. 12. 

they shall not be valid ; and the examiners may grant certifi- 
cates for five years to such applicants as in addition to the 
necessary qualifications, have been for three years next pre- 
ceding their application engaged in teaching, twelve months 
of which experience shall have been in one place: and such whatcertifi- 

• n r n 1111 11 ,, cates renewa- 

certificate for five years shall be renewable upon the same bie, and now. 
conditions but without examination, at the direction of 
the examining board ; and if at any time the recipient of 
a certificate be found intemperate, immoral, incompetent or How certui- 
negligent, the examiners, orany two of them, may revoke the revoked,and 
certificate; but such revocation shall not prevent a teacher 
from receiving pay for services previously rendered ; and 
when any recipient of a certificate is charged with intemper- 
ance or other immorality, the examining board shall have 
power to send for witnesses and examine them on oath or 
affirmation touching the matter under investigation. The 
fees and other expenses of such trial shall be certified to the 
county auditor by the clerk and president of the examining 
board, and paid out of the county treasury upon the order of 
the auditor." [70 v. 195, § 92 ; 79 v. 83 ; 81 v. 55 ; 85 v. 331.] 

Sec. 4074. No person shall be employed as a teacher in Qualifications 
a common school who has not obtained from a board of ex- of teachers ' 
aminers, having competent jurisdiction, a certificate of good 
moral character, and that he or she is qualified to teach 
orthography, reading, writing, arithmetic, geography, English 
grammar and the history of the United States, and possesses 
an adequate knowledge of the theory and practice of teaching, 
and if required to teach other branches that he or she has the 
requisite qualifications; but persons who desire or are ex- 
pected to teach only special studies, such as music, drawing, 
painting, penmanship, gymnastics, German or French, or 
any one of them, or the primary department in any graded 
school, may be examined in regard to such study or studies 
above mentioned, or with special reference to their qualifica- 



Sec. 4072. This section, together with section 4076, implies that the urerVf 8 board, 
clerk is also treasurer of the hoard of examiners. In the latter section, the 
state requires of him a bond for the payment to the auditor of all moneys 
that come into his hands as fees. This will probably relieve the other 
examiners of joint personal responsibility with him for such payment, as 
he, alone, is authorized to handle the funds, and the state assumes the full 
control of his acts under such bond. The other examiners should see, as a 
matter of interest to them, that the clerk conforms to this, and other Special, 
requirements of the law, as to records, reports, and the like. The law is 
careful to prescribe the limit of the expenses to be drawn. But it also pre- 



126 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Primary. tions to teach in such primary department only, and having 

obtained a certificate of qualification therein, and of good 
moral character may be employed to teach such study or 
studies, or in such primary department ; provided, that after 
January 1, 1889, no person shall be employed as a teacher in 
any common school who has not obtained from such board of 
examiners a certificate that he is qualified to teach physiology 
and hygiene. [71 v. 107, § 93; 79 v. 70; 85 v. 331.] 



Antedating 
certificates. 



Amount and 
kind of exam- 
ination. 



Discretion of 
examiners. 



Causes for re- 
vocation. 



Notice of re- 
vocation. 



scribes that the money shall be drawn only for necessary and actual, not con- 
structive expenses, and that such expenses for each quarter shall be paid out 
of the funds received during that quarter. Tbis includes the necessary 
traveling expenses, or such hotel bills, as are actually and necessarily paid 
out, in the discharge of duties prescribed by law. 

Sec. 4073 (a). The board may grant certificates of the four grades 
only, and since the statute uses the language "from the day of examina- 
tion," it seems to give no authority to antedate a certificate. 

(6). The law does not prescribe the amount or kind of examination 
which the board shall employ to satisfy themselves of the qualifications of 
each applicant. It rests on the discretion of the board to determine whether 
it is necessary to subject a teacher who has taught with marked intelligence 
and success, and for years, within the circuit of their knowledge, to the 
same rigid examination to which they subject beginners, and those of whose 
qualifications the examiners have no knowledge. 

(c). There is also no reason why examiners should not exercise theii 
discretion about the further examination of candidates who have failed in 
one or two branches, but who left at a recent session of the board a thor- 
oughly satisfactory record of examination in a large part of the branches. 

(d). The revocation of a certificate is not^strictly a judicial proceed- 
ing. The law which clothes the boards of examiners with discretionary 
power, will protect them in the proper use of it. They cannot, of course, 
be mulcted in damages nor removed from office, for refusing to grant a cer- 
tificate, nor for revoking a certificate, in the exercise of this discretion. If 
malice or other undue motive enter into the transaction, however, the can- 
didate has his remedy in the courts, and the probate judge may remove any 
members for such cause, as a malfeasance in office — an immorality — one of 
the causes enumerated in the law. 

(e). Manifest incompetency to teach or to govern a school, cruelty, 
negligence, and immorality, are enumerated as the causes that may lead to 
a revocation of a certificate. Intemperance is given in the law as a ground 
for refusing a certificate, and this is very definite instruction to annul a 
certificate for this cause. Habitual profanity, dishonesty, larceny, and 
other violations of law would certainly justify the annulling of a certificate. 

(/). Notice of such annulment should be given to the boards of edu- 
cation concerned, at least. A person cannot draw pay after his certificate 
is annulled. While it is proper to remember that it is a very serious thing 
to exclude a man from the profession, it should be remembered that it is 



SCHOOL OFFICERS GUIDE. \2"J 

Examiners. Ch. 12. 

Sec. 4075. Each member of the board shall be entitled compens.iti* n 

and expense* 

to receive two dollars for each day he is necessarily engaged of board - 
in official service, to be paid out of the county treasury on the 
order of the county auditor ; all books, blanks, and stationery 
required by the board shall be furnished by the county aud- 
itor. The board may contract for the use of suitable rooms in 
which to conduct examinations, procure fuel and light, and 
employ janitors to take charge of the rooms and keep them in 
order, and the expenses so incurred, and also the necessary 
traveling expenses of the examiners, which shall not in any 
quarter exceed one third the amount of examination fees re- 
ceived, together with the cost of advertising required by sec- 
tion 4071, shall be paid out of the county treasury on orders 
of the county auditor, who shall issue such orders upon the 
certificate of the president of the board, countersigned by the 
clerk. [70 v. 241, § 95 ; 83 v. 40 ] 

still more serious to neglect the intellectual and moral interests of pupils, 
and worse still to appropriate the money of the people to promote im- 
morality and bruti-hness. 

(g). Of course, a board of examiners may revoke for proper cause, a 
certificate granted by its predecessors. 

* Sec. 4074. (a). The provision of the statutes "that no person shall 
be employed" as a teacher unless he has obtained the certificate required 
by law, does not render invalid a contract for employment made with the 
teacher before he obtains the requisite certificate, provided he obtains it 
before entering upon the duties of his employment. 22 O. S.. 194. 

* (b). In Illinois, a certificate was not obtained till the middle of the 
term. A new contract was entered into at that time to pay the teacher 
double wages for the rest of the term. This was considered an attempt to 
do indirectly what there was no power to do directly ; and therefore the 
contract was held void. 71 111., 532. 

* (c). A person began teaching under a contract. He taught three 
weeks ; then obtained a certificate and made a written contract to run three 
months from the time he began teaching. Held: That he was entitled to 
wages after certificate was obtained, but to no pay for the previous three 
weeks. 20 Minn., 72. 

(d). No money can be legally drawn for teaching a day without a 
certificate, and to receive public money illegally is a crime under sections 
6841 and 6846. 

(e). It is expressly illegal— see sections 4017 and 4018 — to pay an in- 
creased salary for that part of a term covered by a certificate, in case the In 1 cre * sin S 
certificate does not cover the whole term. 

(/). The principle governing communications to examining officers 
relative to the moral character of an applicant, or his fitness to teach, may be tions to ex- 
gathered from a recent decision of the Supreme Court of Michigan. Camb- board" 81 



128 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Annual re- 
port of clerk, 
and his bond. 



Examiners in 
city districts; 
appointment, 
terms, revoca- 
tion. 



Quarterly re- 
port. 



Sec. 4076. The clerk of the board shall prepare, and 
forward to the commissioner of common schools, on or before 
the first day of September of each year, a statement of the 
number of examinations held by the board, the number of 
applicants examined, the total number of certificates granted, 
and the number for each term mentioned in section forty 
hundred and seventy-three, the amount of fees received and 
paid to the county treasurer, the amount received from the 
county treasury, by the members of the board for their ser- 
vices, and such other statistics and information in relation to 
the duties of the board as the commissioner may requir" ; and 
he shall deposit with the county auditor a bond, with surety 
to be approved by the auditor, in the sum of three hundred 
dollars, that he will pay into the county treasury, quarterly, 
the examination fees received by the board, and make the 
statistical returns required by this chapter. [70 v. 241, § 95 ; 
85 v. 195.] 

Sec. 4077. There shall be a board of examiners for each 
city district of the first class, to be appointed by the board of 
education of the district ; such board may consist of either 
three or six persons, as the board of education may determine, 
and the persons appointed shall have had at least five years' 
practical experience in teaching, and shall otherwise be com- 
petent for the position, and residents of the district for which 
they are appointed; the term of office of such examiners 
shall be three years; the term of one-third of the examiners 
shall expire on the 31st of August each year ; but the board 
of education may revoke any appointment, upon satisfactory 
proof that the appointee is inefficient, negligent, or guilty of 



bell, J., held : "In the present case the communication was fully privileged. 
It was made by persons interested in the school to persons qualified to re- 
ceive and act on the petition, for an honest purpose, and with an honest 
belief in the justice of their action. In such cases no action can be main- 
tained even it the complaint is untrue, if not maliciously made." See also 
Foster v. Scripps, 39 Mich., 376. 

(a). As to penalty for bribing or attempting to bribe an officer, see 
section 6900. 

Sec. 4076 (a). As the school year begins on the first day of September 
of each year, the quarterly payments are to be made for the quarters ending 
with November, February, May and August. 

(6). The prosecuting attorney is, by section 1276, E. S., required to 
inspect the bonds of all connty officers and certify that the same are suffic- 
ient. 



SCHOOL OFFICERS GUIDE. I 29 



Examiners. Ch. 12. 



immoral conduct; when a vacancy occurs in the board, 
whether from expiration of term of office, refusal to serve, or 
other cause, the board of education shall fill the same by ap- 
pointment for the full or unexpired term, as the case demands ; 
and within ten days after an appointment, the clerk of the 
board of education shall report to the commissioner of com- 
mon schools the name of the appointee, and whether the ap- 
pointment is for a full or unexpired term. [70 v. 195, § 97; 
71 v. 107, §96; 85 v. 332.] 

Sec. 4078. Such board of examiners shall determine the Du tiesand 
standard of qualification for teachers, and may examine any boTrds. ° f ' city 
school in the district when such examination is deemed neces- 
sary to ascertain a teacher's qualifications, but in the ex- 
amination of applicants and the granting of certificates the 
board shall be governed by the provisions of section forty 
hundred and seventy-four, and to secure a thorough examina- 
tion of applicants in difficult branches or special studies, the 
board may secure the assistance, temporarily, of persons of 
sufficient knowledge in such branches or studies, who shall 
promise on oath or affirmation, to be administered by the 
clerk of the board of examiners, to perform the duties of ex- 
aminer faithfully and impartially, and superintendents of 
schools shall give to the board all necessary information in 
reference to branches and special studies to be taught, and 
the branches of study and grades of school which teachers 
will be required to teach. [71 v. 107, § 96; 85 v. 332.] 

Sec. 4079. The board shall organize bv choosing from jg an >zation 

J ° of board; 

its members a president and a clerk ; and the clerk shall give bondof clerk « 
bond in the sum of five hundred dollars, with surety to be 
approved by the board of education, conditioned that he will 
perform faithfully the duties required of him by this chapter, 
which bond shall be deposited with the clerk of the board of 
education. [70 v. 195, § 98.] 

Sec. 4077 (a). Nothing in the statute directly prohibits a member of Clerk, 
the board of education from serving on a city or village board of exam- 
iners, but the provisions of section 3974 would prevent his receiving pay for 
such services. 

(b). Failure to comply with the requirement to notify the commis- 
sioner of the appointment of a clerk has sometimes occasioned great incon- 
venience, as it is made the duty of that state officer, in certain cases, to 
look after the proper payment of fees into the treasury. 

9 



13° 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Meetings of 
city boards.'! 



Examination 
fees; certifi- 
cates valid, 
when and; 
where.; ^ 



How'revoked, 



Sec. 4080. The board shall hold not less than two meet- 
ings each year, notice of which shall be published in some 
newspaper of general circulation in the district, and the ex- 
pense of such publication shall be paid as provided in section 
forty hundred and eighty-two, and all examinations of appli- 
cants shall be conducted at the meetings of the boards thus 
called, and the examination of each and every applicant 
shall be in the presence of at least two members of the board. 
[85 v. 332.] 

Sec. 4081. Each person who applies to the board for ex- 
amination shall pay to the clerk a fee of fifty cents. The 
board may grant certificates for one, two and three years, from 
the day of examination, which shall be signed by the presi- 
dent and attested by the clerk, and shall be valid within the 
district wherein they were issued ; and the examiners may 
grant certificates for five years to such applicants as in addi- 
tion to the necessary qualifications, have been for three years 
next preceding their application engaged in teaching, eigh- 
teen months of which experience shall have been in one 
place; and such certificate for five years shall be renewable 
upon the same conditions, but without examination, at the 
discretion of the examining board ; and on the production of 
satisfactory evidence that a person to whom a certificate has 
been issued is inefficient, or guilty of immoral or improper 
conduct, the board may revoke the certificate and discharge 
such person from employment as teacher in the district; but 
such teacher shall be entitled to pay for services to the time 
of such discharge, and the word teacher shall be held to in- 
clude superintendent of schools ; and when any holder of a 
certificate is charged with intemperance or other immorality, 
the board shall have power to send for witnesses and examine 
them on oath touching the matter under investigation. [70 
v. 195 ; 72 v. 114; 77 v. 7; 78 v. 87; 85 v. 333.] 



Sec. 4081 (a). There is no law making certificates granted by city 
boards of examiners good in the country if endorsed by the county exam- 
iners. 

* (6). A county board, however, may legally issue a certificate of its 
own on the city certificate, without an examination, if the board is satisfied 
that this city certificate presents sufficient evidence that its holder is qual- 
ified to teach in the schools of the county. 



SCHOOL OFFICERS GUIDE. 131 



Examiners. Ch. 12. 



Sec. 4082. The board of education"shall' , fix the'compen- compensa^ 

" ' * f tion 01 ex» 



exam- 



sationjpf such examiners, and the persons called to their J^n"^^? 
assistance, furnish the necessary books, blanks, a'nd station- P enses - 
ery for their use, and designate a school building within the 
district in which they shall conduct examinations, and cause 
such building to be lighted and heatfd if necessary ; and such ' 
compensation, and the incidental expenses incurred on 
account of the board of examiners, shall be paid, by order of 
the board of ^education, from the contingent fund of the dis- 
trict. [71 v. 107, § 96.] 

Sec. 4083. The clerk shall keep a record of the proceed- City and vil 
ings of the board, and of such statistics as the commissioner erf? duties"' 
of common schools may require, and shall report such statis- disposition 
tics to the commissioner annually, on or before the first day ° ees ' 
of September; he shall pay the examination fees received by 
him to the treasurer of the district within ten days after each 
meeting, and at the same time file with the clerk of the 
board of education a written statement of the amount, and 
also a statement of the number of applicants, male and 
female, examined, and the number of certificates granted, and 
for what terms; and the fees paid to the treasurer of the dis- 
trict shall be applied to the support of teachers' institutes, as 
provided 'in chapter thirteen. [70 v. 195, § 98; 85 v. 198.] 

Sec. 40S1. The provisions of this chapter, relating to Board of 
boards of examiners, for city districts of the first class, shall mem for city 

districts, see- 
be applicable to such boards for city districts of the second ond class and 

r r " village dis- 

claSS and village districts having an enumeration of not less tricts - 

than seven hundred youth of school age; except that such 

boards shall consist of three members, and except also that 



* Sec. 4085. Various interpretations of the meaning of this section 
have been given. This has arisen from the different definitions given the 
word "school" in the several sections of the country. Ey "school" is 
meant in some of the cities and towns of the eastern states, each room of 
pupils in a school building; but generally there, as in the West, "school" 
means all the pupils of a division of a city, town, or village, made for 
school purposes, gathered into one building, or sometimes more than 
one. And the same definition applies to sub-districts. In any system of 
schools entitled to a city board of examiners, the superintendent, 
who is not connected with any one school specially, but with the system as a 
whole, can be a member of the board (and ought always to be so) and as 
many of the teachers as the board of education may choose to select, pro- 
vided no two of them are from the same building. 



132 



OHIO SCHOOL LAWS. 



Ch. 12. 



Who ineligi- 
ble as exam- 
iner. 



Examiners. 



the examination fees shall be disposed of, and statements 
filed with the county auditor, as provided in section four 
thousand and seventy-two, in all such districts not covered by 
the provisions of section four thousand and ninety-three. 
[70 v. 195; 72 v. 114; 78 v. 87; 83 v. 35 ; 85 v. 30.] 

Sec. 4085. No board of county, city, or village examin- 
ers shall have more than one member connected with, the 
same school. 



CHAPTER 13. 



TEACHERS' INSTITUTES. 



Section 

4086. County institutes — how organ- 

ized, etc. 

4087. Payment of institute fund to coin- 

ni'ttee. 
4088 Report < f institute committee. 

4089. Forfeiture of committee's bond. 

4090. When school commissioner may 

hold institute. 



Section 

409i. Teachers may dismiss school to at- 
tend institute. 

4092. Institute for city district of first 

class. 

4093. Institute for teachers of adjacent 

counties, 

4094. Length of sessions; reports of cer- 

tain institutes. 



Organization. 



Election of 
officers. 



Bond. 



Sec. 4086. A teachers' institute may be organized in any 
county, by the association of not less than thirty practical 
teachers of common schools residing therein, who shall de- 
clare their intention in writing to attend such institute, the 
purpose of which shall be the improvement of such tpachers 
in their profession; such institute shall elect annually, by 
ballot, a president, secretary and also an executive committee 
to manage the affairs of the institute, which committee shall 
enter into a bond, payable to the state of Ohio, with sufficient 
surety, to be approved by the county auditor, in double the 
amount of the institute fund in the county treasury, for the 
benefit of the institute fund of the county, and con- 
ditioned that the committee shall account faithfully for the 
money which will come into its possession, and make the re- 
port to the commissioner of common schools, required by sec- 
tion four thousand and, eight, and such election of officers 



* Sec. 4086. The purpose of a teachers' institute being the im. 
provement of the teachers entitled to its privileges in their profession, 
it clearly follows that the instruction given therein should be mainly 
upon methods of teaching and the management of schools. 



SCHOOL OFFICERS GUIDE. 1 33 



Teachers' Institutes. Ch. 13. 



shall be held during the session of such institute, and at a 
time fixed by the executive committee thereof, of which elec- ^o™ce a of elec- 
tion at least three days' notice shall be given the members of tlon- 
such institute by posting conspicuously in a room, where 
such institute is held, a notice of the time and place of hold- 
ing such election. [70 v. 195, § 112 ; 84 v. 230.] 

Sec. 4087. The declaration and bond mentioned in sec- Payment of 
tion forty hundred and eighty-six shall be filed with the county to commute, 
auditor, whereupon the auditor shall give to the 
institute committee an order on the county treasurer 
for the amount of the institute fund in the treasury; 
and any portion of said fund not disbursed by the committee, 
shall be returned to the county treasury on the certificate of 
the county auditor. [70 v. 195, § 112.] 

Sec. 4088. The institute committee shall, within five Teachers' in- 
days after the adjournment of the institute, report to the port of com- 

mi ttcc 

commissioner of common schools, the number of teachers in 
attendance at the institute, the names of instructors and lec- 
turers, the amount of money received and disbursed by the 
committee, and such other information relating to the insti- 
tute as the commissioner may require; and on failure to 
make such report the committee shall forfeit and pay to the 
state the sum of fifty dollars. [70 v. 195, § 112 ; 85 v. 196 ] 

Sec. 4089. Upon the forfeiture of the committee's bond, Forfeiture of 
the prosecuting .attorney of the county shall prosecute an boud. 
action thereon, in the name of the state, and collect any 
money which the committee may have failed to disburse 
according to law, and any penalty to which the committee 
may be liable under this chapter, and pay the same into the 



Skc. 4091 (a). The privilege of dismissing the schools for one 
week's attendance on the teachere' institute is granted to teachers in ' 
cities of less than ten thousand inhabitants, without action by the board 
of education. See section 3886. The teacher cannot, under the law, 
draw pay for the work, however. The iast clause of the section implies 
that a majority of the teachers in a Bystem of schools may effect their 
dismissal though the minority of the teachers oppose it. 

(6). The law under this section does not provide that teachers shall 
require pay for their attendance at the institute ; but the board may by 
resolution allow them their regular salaries during such attendance. 
No teacher, however, can be paid for more days than he was actually 
present. 



134 



OHIO SCHOOL LAWS. 



Ch. 13. 



Teachers' Institutes. 



When school 
commissioner 
may hold in- 
stitute. 



Teachers may 
dismiss school 
to attend insti- 
tute. 



Institutes for 
city districts 
of the first 
class. 



county [treasury, to the credit of the institute* fund. 
[70 v. 195, § 112.] 

Sec. 4090. When a teachers' institute has not been held 
within two years n any county/the commissioner of common 
schools may hold or cause to be held therein suchunstitute ;. 
and the management thereof and all proceedings jin rela- 
tion thereto, shall be the same as herein before provided, 
except that the written declaration required shall not be 
necessary. [70 v. 195, § 114.] 

Sec. 4091. All teachers of common schools within any 
county in which a county institute is held, except those em- 
ployed in city districts of the first class, may dismiss their 
schools for the purpose of attending such institute, for the 
week in which it is held ; and boards of education of city dis- 
tricts of the first class situate within such counties may, by 
resolution, extend the privilege specified above to the teach- 
ers employed by them; but no union or graded school shall 
be dismissed for such purpose unless a majority of the 
teachers employed therein assent thereto. [70 v. 195, § 117.] 

Sec. 4092. The board of education of each city district 
of the first class may provide for holding an institute yearly, 
for the improvement of the teachers of the common schools 
therein ; the expenses of such institute shall be paid from the 
institute fund provided for by section forty hundred and eighty- 
three; if the board of any district do not provide for such 
institute in any year, it shall cause the institute fund in the 
hands of the district treasurer to be paid to the treasurer of 
the county wherein the district is situate, who shall place 
the sama to the credit of the county institute fund, and the 
teachers of the schools of such district shall be entitled, in 
such case, to the advantages of the county institute, subject 



Disposition of 



Sec. 4092. By section 4083, the clerk of the city board of examiners 
is bound to pay all fees received from candidates to the treasurer of the 
district. By this section, in case the city teachers hold no institute, the 
board of education is to see that their treasurer pays over the whole 
amount of the fees to the county treasurer for the use of county insti- 
tutes. In some cases this duty has been neglected, and much trouble 
and expense have been occasioned by the action necessary to secure 
this money for its legitimate purposes. It is the duty of the state com- 
missioner te see that the reports to his office show this to have beer* 
done. 



SCHOOL OFFICERS GUIDE. 135 

Teachers' Institutes. Ch.^13. 

to the provisions of the preceding section ; and the clerk of 
the board shall make the report of the institute required by 
section forty hundred and ninety-jour. [70 v. 195, § 118.] 

Sec. 4093. An association of teachers of several adjacent institutes"** 

. . ... r ,-, • n r tenchers of 

counties may organize an institute tor the specific purpose ot adjacent, 
providing for the professional instruction of the teachers of 
the graded schools in such counties, and the boards of all 
city, village, and special districts within such counties may 
contribute from the institute and contingent funds under 
their control, to defray the expenses thereof, and may permit 
teachers employed by them to attend the institute one week ; 
and such institute shall appoint a secretary, who shall make 
the report required by the next section. L70 v. 195, § 119.] 

Sec. 4094. All institutes held under the provisions of Length of 
this chapter, except the institute provided for by section of certain in- 

stitutes. 

forty hundred and ninety-three, shall continue at least four 
days ; and a report of each institute held in pursuance of the 
provisions of sections forty hundred and ninety-two and forty 
hundred and ninety-three, shall be made to the commissioner 
of common schools within five days after the adjournment 
thereof, which shall state the number of teachers in attend- 
ance, the names of the instructors and lecturers, the total 
expenses of the institute, and the portion thereof paid from 
institute funds, and such other information relating to the 
institute as the commissioner may require. [70 v. 195, 
§§ 113, 115,118; 85 v. 196.] 

* Secs. 4086-4094 (a). Institutes are the people's training schools. 
No matter how great the facilities for instruction in normal schools a 
state may possess, the fact will remain that the mass of teachers must 
get what they are to learn of methods of teaching and the management 
of schools elsewhere. In our state, particularly, we must look to the in- 
stitute to do this work. 

* (6). Professional zeal forms a large element in the success of 
teachers ; and in no way can this success be better shown than by a faith- 
ful attendance on the teachers' institute and an active interest in its 
work. Boards of examiners are, therefore, fully justified in taking this 
attendance and this interest into consideration in making up the stand- 
ing of candidates in the theory and practice of teaching. 



136 



OHIO SCHOOL LAWS. 



Ch. 14. 



Cincinnati and Toledo Universities. 



CHAPTER 14. 



CINCINNATI AND TOLEDO UNIVERSITIES. 



Section 

4095.^, Common council of Cincinnati 
may accept educational trusts. 

4096. How trust funds 10 be applied. 

4097.,. Trusteeship to vest in city, etc. 

4098.1. Board of directors, how appoint- 
ed, etc. 

4099. Powers of board . 

4100.gj4Citizens not to be charged for ad- 
mission of children. 



Section 

4101. \ccounts and expenditures. 

4102. When board may confer degrees. 

4103. Site and grounds. 

4104. When and how tax may be levied. 

4105. Provisions of chapter applicable to 

city of Toledo, 



Commonjcoun- 
cil of Cincin- 
nati may ac- 
cept educa- 
tional trusts. 



How'trust 
funds are to 
be. applied. 



Sec. 4095. The common council of the city of Cincin- 
nati, in the name and behalf of the city, may accept and take 
any property or fun'is heretofore or hereafter given to the 
city for the purpose of founding, maintaining, or aiding a 
university, college, or other institution for the promotion of 
free education, and upon such terms, conditions, and trusts, 
not inconsistent with law, as the common council may deem 
expedient and proper for that end. [67 v. 86, § 1.] 

Sec 4096. For the further endowment, maintenance, 
and aid of any university, college, or institution for the pro- 
motion of free education heretofore or hereafter so founded in 
said city, the common council thereof may, in the name and in 
behalf of the city, accept and take, as trustee, and in trust for 
the purpose aforesaid, any estate, property, or funds which 
have been or may be lawfully transferred to the city for such 
use, by any person or body corporate having the same, or any 
annuity or endowment in the nature of income which may 
be covenanted or pledged to the city toward such use by any 
person or body corporate ; and any person or body corporate 
having and holding any estate, property, or funds, in trust or 
applicable for the promotion of education, or the advance- 
ment of any of the arts or sciences, may convey, assign, trans- 
fer, and deliver over the same to said city, as trustee in his 
or its place, or covenant or pledge its income, or any part 
thereof, to the same ; and such estate, property, funds, or in- 
come shall be held and applied by such city in trust for the 
further endowment or maintenance of such university, college, 
or institution in accordance, nevertheless, with the terms 
and true intent of any trust or condition upon which the 
same was originally given or held. [67 v. 86, § 2.] 



SCHOOL OFFICERS GUIDE. I37 



Cincinnati and Toledo Universities. Ch. 14. 

Sec. 4097. Upon such transfer, and the acceptance there- j r r °^f t e fn ip 
of, the city and its successors, as trustee, shall become and be city> etc - 
perpetually obligated and held to observe and execute such 
trust, in all respects, according to any further terms and con- 
ditions lawfully agreed upon at such transfer and acceptance; 
and any court having jurisdiction of the appointment of 
trustees of such trusts for educational purposes may, in any 
proceeding for that purpose duly instituted and had, appoint 
and constitute said city, with the consent of the common 
council thereof, trustee of the estate, property and funds so 
transferred to it, and may dispense with the bond or surety 
on the part of the city for the performance of such trust, un- 
less the same is required by the original terms or conditions 
thereof, and shall, upon the due transfer and acceptance of 
such trust by the city, release and fully discharge the trus- 
tee or trustees so transferring the same. [67 v. 86, § 2.] 

Sec. 4098. The custody and management of any and all Boards of di- 

' ° 7 ■» rectors of Cin- 

estates, property, or funds so given, or transferred in trust to cinnatiand 

» -r x- •" e> 1 Toledo umver- 

said city, and the entire administration of any and all such Pointed 
trusts so accepted by the common council thereof, and any 
university, college, or institution for the promotion of educa- 
tion heretofore or hereafter so founded in or by said city, 
except the common and high schools thereof, shall be com- 
mitted to a board of nineteen directors, of whom the mayor of 
the city shall be one, and the others shall be appointed by 
the common council from persons of approved learning, dis- 
cretion and fitness for the office, citizens of the city, six 
of whom shall be appointed from persons nominated to the 
common council by the board of education of the city, and 
twelve from persons nominated to the common council by the 
superior court of said city, if there be such court; the terms 
of office of each director shall be six years, but of those first 
appointed, three shall be appointed for one year, three for 
two years, three for three years, three for four years, three for 
five years, and three for six years, from the first day of Janu- 
ary next following their appointment ; such directors shall 
serve until the election or qualification of their successors, 
and any vacancy in the board caused by expiration of term, 
resignation, removal, or other cause, shall be filled by ap- 
pointment as herein provided, for the unexpired term. 
£67 v. 86, §3; 78 v. 178.] 



I38 OHIO SCHOOL LAWS. 



Ch. 14. Cincinnati and Toledo Universities. 

Powers of Sec. 4099. As to all matters not herein or otherwise pro- 

vided by law, the directors shall have all the authority, pow« 
ers, and control vested in or belonging to said city, as to the 
management and control of the estate, property, and funds 
given, transferred, covenanted, or pledged to the city for the 
trusts and purposes aforesaid, and the government, conduct, 
and control of the university, college, or institution so 
founded • they may appoint a clerk, and all agents proper 
and necessary for the care and administration of the trust 
property, and the collection of the income, rents, and profits 
thereof, ma)* appoint the president, professors, tutors, instruc- 
tors, agents, and servants necessary and proper for such uni- 
versity, college, or institution, and determine "their compen- 
sation, may provide all the necessary buildings, books, appa- 
ratus, and means and appliances, and pass all such by-laws, 
rules, and regulations concerning the president, professors, 
tutors, instructors, agents, and servants, and the admission, 
government, and tuition of students, as they deem wise and 
proper; but they may, by suitable by-laws delegate and 
commit the admission, government, management, and control 
of the students, course of studies, discipline, and other inter- 
nal affairs of such university, college, or institution, to the 
faculty which the directors may appoint from among the pro- 
fessors. [67 v. 86, § 3.] 

citizens not to Sec. 4100. The citizens of said city, whose children, 

admission of ° r wards or apprentices are admitted to such institution, shall 
not be charged for such admission, and no charge shall be 
made for the instruction of such pupils. [67 v. 86 § 3.] 

Accounts and Sec. 4101. The accounts of such trust estate, property,. 

expenditures. and fundg) an d f the income and expenditure thereof, shall 
be kept by the city auditor entirely distinct from all other 
accounts or affairs of the city, and the moneys shall be kept 
by the city treasurer distinct from other moneys ; and the di- 
rectors shall at all times confine the expenditures within the 
income of the trust estate, property, and funds, and shall an- 
nually report to the common council a fall statement of the 
accounts and administration of such trusts. [67 v. 86, § 3.] 

when board Sec. 4102. The directors of such university, college, or 

grees C ° nfer de " institution may, upon the recommendation of the faculty 
thereof, confer such degrees and honors as are cus- 



SCHOOL OFFICERS GUIDE. 139 



Cincinnati and Toledo Universities. Ch. 14. 



tomary in universities or colleges in the United States, and 
such others as, with reference to the course of studies and at- 
tainments of the graduates in special departments, they may 
deem proper. [67 v. 86, § 4.] 

Sec. 4103. The common council of said city may set site and 

•i t j j grounds. 

apart and appropriate, as a site for the buildings and grounds 
of the university, college, or institution so founded, any pub- 
lic grounds of the city not specially appropriated or dedicated 
by ordinance to any other use or purpose, any law to the con- 
trary notwithstanding. [67 v. 86, § 5.] 

Sec. 4104. The board of education of the city may, upon When andrj0 w 
the application of said board of directors, assess and levy a levied* 7 
tax on the taxable property of the city, not exceeding one- 
tenth of one mill on the dollar valuation thereof, to be 
applied by the board of directors to the support of such uni- 
versity, college, or institution ; and the board of education 
shall also assess and levy, annually, not less than three-hun- 
dredths nor more than five-hundredths of one mill on the 
dollar of such valuation for the establishment and mainte- 
nance of an astronomical observatory, in connection with 
such university, college, or institution, the proceeds of which 
shall be paid to the board of directors, and applied by them 
for said purpose exclusively. [67 v. 86, § 5 ; 75 v. 133, § 1.] 

Sec 4105. The provisions of this chapter shall be appli- provisions of 
cable to the city of Toledo, except that the board of directors apphcabieto 1 
shall consist of thirteen members, and the rate of taxation to 
be assessed and levied shall not exceed one-half of one mill 
on the dollar of the taxable property of said city. [70 v. 117 



city,.oi.Toledo 



140 



OHIO SCHOOL LAWS. 



Ch. 13. 



State Commissioner of Common Schools. 



PART I, POLITICAL-TITLE III, EXECUTIVE. 



CHAPTER 13. 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Section 

354. Election, term, and how vacancy 
filled. 

355.^ Bond. 

356.J, His office and his attendance there- 
at. 

357. His duty to visit teachers' insti- 

tutes, etc. 

358. His supervi-ion over school funds 

and school officers. 

359. Shall prepare and transmit forms 

and instructions. 

360. Shall cause school laws, with 

forms, etc., to be printed and 
distributed. 



Section 
361. Annual report to the general assem- 
bly or governor. 

What tbe report shall contain. 

Shall requi e reports from private 
schools, etc. 

His duty on complaint of fraudu- 
lent use of money ; appoint- 
ment of examiner. 

Powers, duties, and compensation 
of examiners. 

Duty ot judge and prosecuting at- 
torney. 



362. 
363. 



364. 



365. 
366. 



State Commis- 
sioner of Com- 
mon Schools, 
election and 
term'of. 



His'official 
bond.; 



And oath. 



Office, etc., at 
the seat of 
goveroment. 



Section 354. There shall be elected, triennially, at the 
general election for state officers, a state commissioner of com- 
mon schools, who shall hold his office for the term of three 
years from the second Monday of July succeeding his election ; 
and in case of a vacancy occurring by death, resignation, or 
otherwise, the governor shall fill the same by appointment. 
[70 v. 195, § 102 ; 81 v. 89.] 

Sec 355. Before entering upon the discharge of his offi- 
cial duties, the commissioner shall give bond in the sum of 
five thousand dollars to the state, with two or more sureties, to 
the acceptance of the secretary of state, conditioned that he 
will truly account for and apply all moneys or other property 
which may come into his hands in his official capacity, and 
that he will faithfully perform the duties enjoined upon him 
according to law; which bond, with his oath of office indorsed 
thereon, shall be filed with the treasurer of state. [70 v. 195, 
§ 103.] 

Sec. 356. The books and papers of his department shall 
be kept at the seat of government, where a suitable office 
shall be furnished by the state, at which he shall give attend- 
ance not less than ten months in each year, except when ab- 
sent on public business. [70 v. 195, § 104. J 



Hig f-upprvi- 
sion over 
school funds. 



SCHOOL OFFICERS GUIDE. 141 

State Commissioner of Common Schools. Ch. 13. 

Se !. 357. The commissioner shall visit, annually, each ms:dutiesin 
judicial district of the state, superintending and encouraging severafjudi- 
teachers' institutes, conferring with boards of education or 
other school officers, counseling teachers, visiting schools and 
delivering lectures on topics calculated to subserve the inter- 
ests of popular education. [70 v. 195, § 105.] 

Sec. 358. He shall also exercise such supervision over 
the educational funds of the state as is necessary to secure 
their safety and right application and distribution according 
to law. He has power to require of county auditors, boards May require 
of education, clerks and treasurers of boards of education, or certain officers, 
other local school officers, and county treasurers, copies of all 
reports by them required to be made, and all such other 
information in relation to the funds and condition of schools 
and the management thereof as he deems important. [70 
v. 195, § 106.] 

Sec. 359. He shall prescribe suitable forms and regula- shall p repare 
tions for making all reports and conducting all necessary forms ' etc - 
proceedings under the school laws, and cause the same, with 
such instructions as he deems necessary and proper for the 
organization and government of schools, to be transmitted to 
the local school officers, who shall be governed in accordance 
therewith. [70 v. 195, § 107] 

Seu. 360. He shall cause as many copies of the laws as Duties as;to ; 
are necessary, relating to schools and teachers' institutes, Sfiaws, ' 
with an appendix of appropriate forms and instructions for 
carrying into execution all such laws, to be printed in a sepa- 
rate volume, and distributed to each county with the laws, 
journals, and other documents, for the use of the school offi- 
cers therein, as offen as any change in the laws is made 
of sufficient importance, in the opinion of the commissioner 
to require a publication and distribution thereof. [70 v. 195, 
§ 108.] 

Sec. 361. He shall make an annual report, on or before 
the fifteenth day of November, to the general assembly, when So? reSSsT' 
that body is in session, and when not in session the report 
shall be made to the governor, who shall cause the same to 
be published, and shall also communicate a copy thereof to 
the general assembly at the beginning of the next session. 
[70 v. 195, § 109 ; 85 v. 192.] 



etc. 



Annual report 



142 



OHIO SCHOOL LAWS. 



Ch. 13. 



State Commissioner of Common Schools. 



What it shall 
present. 



Shall 'require 
reports from 
priyate school" 
etc. 



Duties of com- 
missioner ou 
complaint Of 
fraudulent use 
of money, etc. 



Appointment 
of accountant 
to investigate 
charges. 



Sec. 362. In his annual report he shall, present a state- 
ment of the condition and amount of all funds and property 
appropriated to purposes of education; a statement of the 
number of common schools in the state, the number of schol- 
ars attending such schools, their sex, and the branches taught; 
a statement of the number of private and select schools in the 
state, so far as the same can be ascertained, and the number 
of scholars attending such schools, their sex, and the branches 
taught ; a statement of the number of teachers' institutes, 
the number of teachers attending them, and the number of 
instructors and lecturers, and the amount paid to each ; a 
statement of the estimates and accounts of the expenditures 
of the public school funds of every description, a statement of 
plans for the management and improvement of common 
schools, and such other information relative to the educational 
interests of the state as he deems of importance. [70 v. 195, 

§ no.] 

Sec. 363. He shall, annually, require of the president, 
manager, or principal of every seminary, academy, and private 
school, a report of such facts, arranged in such form as he pre- 
scribes, and shall furnish blanks for such reports; and it is 
made the duty of every such president, manager, or princi- 
pal, to fill up and return such blanks within the time the 
commissioner directs. [73 v. 225, § 1.] 

Sec 364. When a complaint is made to the state school 
commissioner, in writing, verified by the affidavits of at least 
three freeholders and tax-payers, resident of any school dis- 
trict in the state, alleging that they have good reason to and 
do believe that any portion of the school fund of such district 
has been expended contrary to law, or has been fraudulently, 
unlawfully, or corruptly used, or misapplied, by any of the 
officers of such district, or that there have been fraudulent 
entries in the books, accounts, vouchers, or settlement sheets 
thereof, by any such officers, or that any of such officers 
have not made settlements of their accounts as re- 
quired by law, he is authorized and required to appoint 
some trustworthy and competent accountant, for the purpose 
of investigating such complaint, who shall forthwith visit 
such school district and take possession of all the books, 
papers, vouchers and accounts of such district, and investigate 



SCHOOL OFFICERS GUIDE. I43 

State Commissioner of Common Schools. Ch. 13. 

the truth of the allegations of such complaint, and the condi- 
tion of the school fund of such district ; and the several offi- 
cers of such school district, on the application of such exam- 
iner, shall immediately place in his possession all their books, 
accounts, contracts, vouchers, and other papers having refer- 
ence to the receipt and disbursement of the school funds ; and 
the county auditor and county treasurer shall give such 
examiner free access to all the records, books, papers, vouch- 
ers, and accounts of their respective officers having reference 
to the object of such investigation. [72 v. 82, § 1.] 

Sec. 365. Such examiner shall have authority to call Powers and 
before him forthwith, upon written notice, and examine wit- aminer! ex ~ 
nesses, under oath, to be administered by him ; and he shall 
immediately after completing such investigation, report in 
writing, in duplicate, setting forth the condition of the books, 
vouchers, and accounts of such district, the amount of school 
funds received for any and all purposes, and from whatever 
source, the amount expended, and for what, and the amount 
actually in the treasury, one copy of which report he shall 
file in the office of the clerk of the couit of common pleas of 
the county iu which such district is situate, and the other 
copy he shall transmit to the state commissioner of common 
schools at Columbus; and t»ie examiner so appointed and 
performing the duties herein required, shall receive as com- His com pensa- 
pensation a per diem of three dollars for each day necessarily tion 
engaged in the performance of his duties, and shall also re- 
ceive five cents for each mile by him necessarily traveled in 
that behalf; but no mileage shall be allowed for a greater 
distance than from Columbus to such district ; and such com- 
pensation and mileage shall be paid out of the county treas- p 
ury upon the warrant of the county auditor, and if the inves- thereof - 
tigation establish the truth of any material allegation in 
such complaint, then such amount so paid shall be assessed 
by the county auditor upon the taxable property of the dis- 
trict, to be collected as other taxes are for the use of such 
county treasurer. [72 v. 82, § 2.] 

Sec. 366. The judge of the court of common pleas of the 

r Adverse report 

proper county shall examine the report so filed in the clerk's of examiner to 

x * r be given in 

office, as provided in the preceding section of this chapter, Srand^ur the 
and if it appears therefrom that any part of the common or 



144 OHIO SCHOOL LAWS. 



Ch. 13. State Commissioner of Common Schools. 

school fund has been fraudulently, unlawfully, or corruptly 
used or misapplied, or that there has been fraud in any of the 
entries, accounts, vouchers, contracts, or settlements, or that 
the settlements have not been made as required by law, 
or that there appears any defalcation or embezzlement on the 
part of any of the officers of such school district, he shall give 
the report specially in charge to the grand jury at the term of 
the court of common pleas next after the filing of the same : 

Duty of prose- _ 

cutingattor- an d the prosecuting attorney of such county shalJ forthwith 
institute and carry forward such proceedings, civil or crimi- 
nal, or both, against the delinquent officer or officers of such 
district as is authorized by law. [72 v. 82, § 3.] 



SCHOOL OFFICERS GUIDE. J 45 



Mi-cellaneous. 



MISCELLANEOUS. 

AN ACT 

To confer additional powers upon county commissioners relating to bequests, dona- 
tions and gifts for the promotion of education. 

Section 1. [Enacted March 21, 1887.] Be it enacted by the Fowerofromj- 
General Assembly of the State of Ohio, That the commissionei s of eV s t<> receive 

. . . bequests, etc., 

the several counties of the state may receive bequests, dona- ior educftioa- 

' al purposes., 

tions and gifts of real and personal property and money to pro- 
mote and advance the cause of education in their respective 
counties; and any and all property and money so at any time 
received by the commissioners of any county, or which may 
have been heretofore bequeathed to the commissioners of any 
county, and which has been bestowed upon them and remains 
yet undisposed of by such commissioners, may, by the said 

commissioners, at their discretion, be paid over to any incor- 

. ,....../., ., . . . Application «■• 

porated institution 01 learning in their respective counties or such trust 

a part may be used to defray the expenses of the teachers' in- 
stitute, each year, as the said commissioners may, in their 
discretion, and with reference to the terms of the trust, de»m 
best, and upon such terms and conditions as they may pre- 
scribe, having reference to the safety of the fund and its 
proper application. [84 v. 211.] 

AN ACT 

To authorize boards of education in citips of the second grade of the first class to let, 
a tax for eertain purposes therein specified. 

Section 1. [Enacted March 16, 1887.] Be it enacted by 
the General Assembly of the State of Ohio, That boards of education F?,?din? for 
in cities of the second grade of the first class may annually ^iningo? 
levy on each dollar valuation of taxable property, \ of one dren°in paV • 
mill additional to that now allowed ; the proceeds of said lew schools? e 
to be applied toward providing manual and domestic training 
for the children of the schools of said city, and said board may 
expend such part of said proceeds as it may deem expedient 
in providing tuition for such children in any manual train- 
ing school that has been or may be founded in said city; pro- 
vided, that at each annual election the corporation controlling. 
10 



146 



OHIO SCHOOL LAWS. 



Miscellaneous. 



said school shall choose as directors, at least six persons, who 
shall be named by such board of education, and shall also 
choose as a director the superintendent of the public schools. 
[84 v. 92.] 

AN ACT 
To authorize school boards to convey lands in certain cases. 

Columbus: Section 1. [Enacted March 18, 1887.J Be it enacted by 

Power of 

school board to the General Assembly of the State of Ohio, That school boards in 

donate certain *. 

land for ( arK cities of the first grade of the second class, owning land, which 

purposes. 

is no longer used for school purposes, adjoining any public 
park, may convey the same to the city or county owning such 
park, and in which such land is situated, to be held and used 
as a part of said park. [84 v. 108.] 



Dayton public 
library board; 
election of. 



Board' equally 
dM'-ied po.iti- 
caliv. 



Terms of mem- 
beis. 



Powers of 
board. 



Anuuil report. 



A.N ACT 

To provide for competent and non-partisan public library boards in cities of the sec- 
ond class, second grade. 

Section 1. [Enacted March 21, 1887.] Be it enacted by 
the General Assembly of the State of Ohio, That in any city of the 
second class, second grade, the city board of education may 
elect by ballot a special board of six competent persons, resi- 
dents of said city or school district, to be called the library 
board, who shall have the control and management of the 
public library of said city. 

Section 2. That the six members of said library board 
shall be selected equally from the two political parties having 
the largest representation in the city board of education, and 
shall be elected as follows : Two for a term of one year, two for 
two years, and two for three years ; at the end of the first 
year, two shall be annually elected, who shall hold office for a 
term of three years. 

Section 3. That the said library board shall have power 
to purchase books, magazines, and other proper supplies for 
said library, and employ a librarian and assistant, who shall 
be elected annually; and the vouchers for such expenditure 
and salary account shall be certified to by said board of edu- 
cation for payment. 

Section 4. That said library board shall be required to 
report fully their proceedings and expenditures at least once 
a year, to the board of education of said city, and annually 



SCHOOL OFFICERS GUIDE. 147 

Miscellaneous. 

report to said board of education an estimate of the expenses 
of said library for the succeeding year, and in no case shall 
such exp c nss be allowed to exceed the appropriation therefor 
by said board of education. 

Section 5. That the president of said city board of Ex-offi<?io 
education shall be ex-officio a member of such library board, ^re^deut 8 "/ 1 
and have the right to preside at the meetings. 

Section 6. That whenever a library board shall be Annual tax. 
elected pursuant to the provisions of this act, the board of 
education of such city shall have the power to levy annually 
for library purposes a tax not exceeding two and one-half 
tenths of a mill per dollar of city valuation, to be certified 
according to law as other levies. [84 v. 171.] 

Secti in 1. Be it enacted by the General Assembly of the State 
of Ohio, That in village districts, in the county of Hamilton, 
the board of education shall consist of five members, except 
in districts organized under a law providing for only three 
members, who shall have the qualification of an elector there- 
in, and in such districts the membership may be increased to 
five, and onlv one member shall be chosen at the next annual 

" 1 i rv r Board* r.f 

election for school officers, to serve for three years : and annu- education 

^ ' for village and 

ally thereafter, two, except every third year, when only one social school 
judicious and competent person shall be elected, and if the ilton count J'- 
board consists of three members, one such person shall be 
elected each year ; provided, that in each special district in 
said county where the board of education now consists of six 
members, there shall be chosen at the next annual election 
for school officers, by ballot, on the second Monday of April, 
one member to serve for three years, and annually thereafter, 
two members to serve for three years, except every third 
year, w T hen only one person shall be elected to serve for three 
years; five days' notice shall be given of such election. The 
members of such boards now in office, and those hereafter 
elected, shall serve until their successors are elected and qual- 
ified ; provided further, that the first election under this act 
in village districts shall not take place until the first Mon- 
day of April, 1884. [80 v. 310.] 

[So much of the act of March 25, 1864, as provided for a 
board of education for the city of Columbus, of one member 
from each ward, and is still in force, is here given :] 



I48 OHIO SCHOOL LAWS. 



Miscellaneous. 



Section 1. The qualified voters in the several wards in 
the city of Columbus shall, on the second Monday of April, 
1864, meet in their respective wards, at the places designated 
for holding elections therein, and elect one member of the 
board of education of said city of Columbus, for each of said 
wards, who shall serve, the members of the first, third, 
fifth, and every ward of said city represented by odd numbers, 
one year ; and the members representing the second, fourth,, 
sixth, and every ward represented by even numbers, two 
years; and annually thereafter, at the time and place speci- 
fied, there shall be elected in like manner, one member of the 
board of education for each ward in said city, in which the 
term of the member is about to expire, who shall serve for two 
year?, and until his successor is elected and qualified. Said 
election shall be held and conducted as is provided for county 
and state elections. [61 v. 154.] 



FORMS AND INSTRUCTIONS. 



[Note. — The following blanks are, in a great measure, the same as 
given in previous editions of the school law, with such revisions and 
alterations as conformity with the present law renders necessary.J 

CHAPTER I.— FORMS FOR SCHOOL DIRECTORS. 

I. NOTICE OF SUB-DISTRICT SCHOOL MEETING, FOR THE ELECTION OF 

DIRECTORS. 

Notice is hereby given to the qualified voters of sub-district No. , of 

township, county, Ohio, that the next annual school meeting for the election 

of a school director in said district will be held at the school-house [or usual 

place] in said sub-district, on Monday, the day of April, 18 — , beginning at 

o'clock p:m. [a:m.], and closing at o'clock p:m. [a:m.]. 

, Clerk. 

Note.— [The above notice to be posted in three or more conspicuous places, at 
least six days prior to the election. Sections 3916 and 3917. 

When two directors are to be elected, one for three years, and one to fill the 
unexpired term of a director who has vacated his office, this fact should be stated in 
the notice, and also on the ballots and tally-sheet.] 

II. POLL-BOOK 



Of the election held in sub-district No. , in the township of , in the county 

of , and State of Ohio, on Monday, the day of April, in the year A. D. 18 — . 

A. B., Chairman, and C. D., Clerk, judges of said election, were severally sworn, 
as the law directs, previous to their entering on the duties of their respective offices. 



Number and names of electors. 


Number and names of electors. 


No. 1 




No. 5 
6 
7 
8 




2 






3 






4 













It is hereby certified that the number of electors who voted at this election is „ 

, Chairman, 

, Secretary, 

Judges. 

See section 2960, Revised Statutes. 



i5° 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



III. TALLY-SHEET 

Of the election held in sub-district No. , in the township of , in the county 

of , and State of Ohio, on Monday, the day of April, in the year A. D. 

18—, to elect a director for said sub-district. 



Names of candi- 
dates. 


Tallies, showing number of votes given for each 
candidate. 


Total. 





































































































We certify 
That ■ 
That- 
That- 
That ■ 
That- 



had 
had 
had 
had 
had 



votes, 

votes, 
votes, 
votes, 
votes, 



And that 



election above mentioned. 



had votes for director of said sub-district, at the 



-, Chairman, 

-, Secretary, 

Judges. 



Note. — The poll-book and tally-sheet must be signed by the judges of the election 
before they separate. No signing after such separation is valid. They must be de- 
livered -within eight days to the clerk of the township. Chapter IV, section 3917. 

IV. NOTICE OF SPECIAL SCHOOL MEETING FOR THE ELECTION OF 
SCHOOL DIRECTOR. 

Whereas, a vacancy has occurred in the office of school director in sub-district 
number f township, county, Ohio, in consequence of the [death, 



resignation, removal of 



failure of qualified voters to meet and elect a local 



director on the second Monday of April, 18 , as prescribed by law, failure of 

to qualify as prescribed by law ]; 

Therefore, we, the undersigned qualified voters of the sub-district aforesaid, do 
hereby give notice that a special meeting of the qualified voters of said sub-district 
for the election of a school director * for the [term of years, unexpired term of 



*See note to form No. I. 



SCHOOL OFFICERS GUIDE. 151 

Forms and Instructions. 

said ], will be held at the school-house [or usual place! oi said sub-dis- 
trict on tbe day of , 18 — , horn o'clock p:m. [a:m.] to o'clock 

p:m. [a:m.] 



See section 3919. 

V. MINUTES OF SUB-DISTRICT SCHOOL MEETING. 

Sub-District No. , 

Township, County, Ohio, 

, 18—. 

At a meeting of the qualified voters of said sub-district, held on the second Mon- 
day of April, 18 — , [or, if a special meeting, give other date\ was appointed 

chairman, and secretary. 

Whereupon, said voters proceeded to elect by ballot, one director of said sub- 
district, for the term of three years [and one director for year, to fill the unex- 
pired term of [; and upon inspection of the several ballots given at said 

election, it was found and publicly declared, that was duly elected [for 

the full term, and for the unexpired term.] 

, Chairman, 

, Secretary. 

Notk.— [The clauses in brackets may be omitted when only one school director 
is elected.] [See note to form No. II.] 

VI. CERTIFICATE OF ELECTION OF SCHOOL DIRECTORS. 

, 18-. 

To the Clerk of Township, County, Ohio: 

This is to certify that a meeting of the qualified voters of sub-district number 

township, held on the second Monday of April, 18 — , [or, if special meeting. 



give other date] was elected school director, for the term of three years. 

Witness my hand. 



Cleric of Sub- District No. 



VII. OATH OF SCHOOL DIRECTOR. 

On the day of — , 18 — , personally appeared , and I then 

and there administered to him the following oath [a> affirmation] : 

You, , do solemnly swear [or affirm] that you will support theconsti- 

tution of the United States, and tbe constitution of the State of Ohio, and thatyou 
will faithfully and impartially discharge the duties of director, in and for said sub- 
district, number , township, — county, Ohio, according to law and^the 

best of your ability. 



Director in said Sub-District. 



;,15 2 OHIO SHOOL LAWS. 



Forms and Instructions. 



VIII. APPOINTMENT OF SCHOOL DIRECTOR. 

, , 18- 

Whereas, , one of the directors in sub-district number , 



township, county, Ohio, has resigned, [died, or refused to serve, etc.,] and no 

election having been held to fill such vacancy as prescribed by law : 

Therefore, I do appoint director in said sub-district, who shall hold 

Mb office until the time of the next annual meeting, and until his successor is elected 
and qualified. 

> 

Cltrk of said Township. 

IX. MEETING OF SCHOOL DIRECTORS. 

, , 18—. 



The school directors of sub-district number , township, county, 

Ohio, this day met at , and legally qualified by taking the requisite oath of 

•office. 

Whereupon was appointed clerk of said sub-district. 

On motion, it was voted to employ as teacher, at $ per month, 

mad that the next term of school commence, etc. 

Sub-district Clerk. 



X. CONTRACT BETWEEN DIRECTORS AND TEACHERS. 

It is hereby agreed between the school directors of sub-district No. , in the 

township of , in the county of , State of Ohio, and , a legally 

qualified teacher in said county, that the said is to teach in the public 

school of said sub-district for a term [here insert the time'], for the sum of dol- 
lars per month [per day], commencing on the day of , 18 — , and for 

auch services, properly rendered, the said directors are to pay the said 

£ monthly], the amount that may be due, according to this contract. 

Done at a legally convened meeting, and dated this day of , 18 — . 



Directors of said sub-district No. — . 



Teacher. 
See section 4018. 

XL CERTIFICATE FOR TEACHER'S PAY. 

To the Clerk of Township, County, Ohio : 

This is to certify, that , under a contract duly made and entered into, 

taught a common school in sub-district number , of said township, from the 



SCHOOL OFFICERS GUIDE. 



153 



Forms and Instructions. 



day of 



18 — , to the 



day of 



18 — , in all 



weeks, at 



per month ; # and that there is due him for said service the sum of 



XII. CONTRACT FOR FUEL, REPAIRS, ETC. 



This memorandum of an agreement, made this day of 

dred and , at a meeting legally convened, between 



Directors. 



-, eighteen hun- 
, and 



the directors of sub-district, number 



township, 



county, Ohio, witnesseth: That said 



agrees to deliver at the school- 
house in said sub-district, on or before the day of next, bushels of 

coal [or cords of wood] of a good quality, at cents per bushel [or $ per cord.] 

And said directors are thereupon to certify in favor of said , for the 

sum due for said fuel. 



Directors. 



Contractor. 

Note. — [All contracts made under section 3987, chap. 8, of the school laws must 
be reported to the township board at their next meeting.] See also sec. 3974. 



XIII. CERTIFICATE OF AMOUNT DUE FOR FUEL, ETC. 



-, 18-. 



To the Board of Education of 
This certifies that ■ 



Township, 



County, Ohio. 



has delivered at the school-house in sub-district 
— bushels of coal, under a contract duly made 



number , township, — 

and entered into, and that there is due him on said contract the sum of $- 
Witness our hands. 



Directors. 



XIV. DISMISSAL OF TEACHER. 



Whereas, it has been represented to us, and on due investigation we have found, 
according to our best judgment and belief, that , who has been em- 
ployed and is now engaged in teaching a school in sub-district number , — 

township, county, Ohio, is negligent (or here insert any other sufficient cause) as 

such teacher ; 

Therefore, is hereby dismissed as teacher of said school. 

Done at a legally convened meeting of said board this day of — 



18—. 



Directors of said sub-district. 



154 OHIO SCHOOL LAWS. 



Forms and Instructions. 



Or : Whereas, we Lave been required by the board of examiners of county, 

to dismiss , now engaged as a teacher in sub-distiict number , 

township, and county aforesaid, the said board of examiners having revoked his 
certificate for cause: 

Therefore, said is hereby dhuii^sed as teacher as aforesaid. 

Done at a legally convened meeting of said board of directors this day of 



-,18-. 



Witness our hands. 



Directors. 
XV. VISIT TO SCHOOL. 

This day the undersigned, local directors in sub-district number , 



township, county, Ohio, in coinpany with and , who 

were invited for the purpose, visited the school in paid sub-district, taught by 

, and the following was the result of the ex munition and visit: 

They found, etc. (Here set forth the opinion as to the management f/ the school, etc.) 



Director* 



CHAPTER II.— FORMS FOR TOWNSHIP EOARDS OF EDUCA- 
TION. 

XVI. NOTICE OF MEETING TO VOTE A TAX FOR BUILDTNG PURPOSES. 
Notice is hereby given by the board of education of — : township, 



county, Ohio, that there will be a special meeting of the qualified voters of said town- 
ship at , on the day of , at o'clock ., to consider the ques- 
tion whether a tax of hundred dollars shall be levied upon the taxable property 

of said township to purchase a school-house site and to build and furnish a school- 
house \or for either of these purposes, as the case may be,~\ in sub-district of said 

township, the erection of the school-house being, in the opinion of the board, neces- 
sary, and the rate of tax which the law authorizes the board to levy being insuffi- 
cient for the purpose ; and the further questions whether the levy shall be made 
from year to year thereafter, and what amount shall be levied each year until the 
actual cost of such site and building is raised. 

By order of said board of education, 

, Clerk. 

, , 18—. 

Note. — The ballot used at such an election may be something like the following: 

FOR TAX LEVY FOR SCHOOL SITE AND BUILDING. 

For levying tax to purchase site and erect thereon a school building, at a cost 
not^to exceed % . No. L Yes -] 



SCHOOL OFFICERS GUIDE. T 55 



Forms and Instructions. 



Fir levying this tux from year to year according to law, the levy in any one 

year not to exceed $ , until the sum of S> and accrued interest is raised and 

paid. No. [Yes] 

The above form may by slight alterations be adapted to cases in which other 
than township districts are interested. 

XVII. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOARD. 

Notice is hereby given that there will be a meeting of the board of education of 
township, county, Ohio, on the day of at o'clock 



at , to consider the question , and other butiness which may be considered 

necessary to transact. 

, Clerk. 

, , 18—. 

Note. The purpose for which a meeting is called should be stated in the notice 
XVIII. CERTIFICATES OF ANNUAL ESTIMATES. 

To the Auditor of County: 

It is hereby certified by the board of education of township, county, 

that the entire amount of money necessary to be assessed on the taxable property of 
said township, and expended therein, for school and school-house purposes, during 

the next school year, as directed by section 3958, of the revised statutes, is dollars, 

as follows : 

For continuing sub-district schools $ 

For incidental or contingent expenses 

For building purposes 

For payment of teachers in township school 

Total $ 

By order of Township Board, 

, Clerk. 

, , 188-. » 

XIX. CERTIFICATE OF ANNUAL ESTIMATES FOR JOINT-SCHOOL. 

To the Auditor of County: 

It is hereby certified by the board of education of township, county, 

Ohio, having charge of the school in joint sub-district number , composed of 

parts of and townships, that the amount of money necessary to be as- 
sessed on the taxable property of said townships, to pay the expenses of said-joint 
school during the next school year, as directed by section 3961 of the revised statutes 
of Ohio, is dollars, as follows: 



TOWNSHIP. 



For continuation of joint school.... 
For payment of all other expenses. 

Total 



156 OHIO SCHOOL LAWS. 



Forms and Instructions. 



TOWNSHIP. 



For continuation of joint school .... 
For payment of all other expenses. 



Total , $- 



The number c f youth enumerated in September last, in the respective parts of 

the townships included in said joint sub-district, was as follows: township, 

; township, ; total, . 

By order of the Board of Township. 

, Clerk. 

, , 18-. 

Note.— [In case the townships having territory in a joint sub-district are situated 
in different counties, a copy of the above certificate of estimates should be sent to 
the auditor of each county] 

XX. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

Resolved by the board of education of township, That there be transferred and 

united with sub-district number — , so much of sub-district number — , as is bounded 
as follows : {describe boundary ) 

Resolved by the board of education of township, That sub-district number — 

is hereby abolished, and there is hereby transferred to and united with' sub-district 
number — , so much of the territory of said abolished sub-district as is bounded as 
follows: {describe boundary), and so much of said abolished sub-district as is not 
herein united with sub-district number — , is transferred to and united with sub- 
district number — . This resolution shall take effect on the day of , 18 — . 

Resolved by the board of education of township, That so much of sub-district 

number — , as is bounded as follows: (describe boundary), be cut off from said sub-dis- 
trict, and that so much of sub-district number — as is bounded as follows : (describe 
boundary,) oe cut off from said sub-district, and that the territory thus cut off from 
sub-districts number — and — , respectively, is hereby consolidated and formed into 
a new sub-district and designated sub-district number — of township. 

Reso'ved by the board of education of township, That sub districts number — 

and — are hereby abolished, and that the territory included in said sub-districts 
at the time of their abolishment is hereby consolidated and formed into a new sub- 
district, and designated sub-district number — of township. This resolution 

shall take effect on the day of , 18 — . 

Note. — When a new sub-district is formed the township board should call a meet- 
ing of the qualified voters to elect local directors. [Chapter 4, section 3922.] 

XXI. NOTICE OF ELECTION IN A NEW SUB-DISTRICT. 

Wheeeas, The board of education of ■: township, county, did, at their 

last regular meeting, the third Monday of , abolish sub-district number — , (or 

sub-districts number — and — ) and form from the territory of said sub-district, and so 
much of sub-district number — as is bounded as follows : (describe boundary), a new 
sub-district, to be known as sub-district number — : 

Therefore, notice is hereby given to the qualified voters of said sub-district, thus 



SCHOOL OFFICERS GUIDE. I 5 7 



Forms and Instructions. 



organized and designated, that a meeting for the election of three school directors 

will be held at , on the day ot , from — o'clock to — o'clock 

., said election to be conducted as prescribed in section 3922. 

By order of the Township Board. 

, Clerk. 

, , 18-. 

Note. — See remark (d) under section 3913. 

XXII. ORGANIZATION OF A JOINT SUB-DISTRICT SCHOOL. 

RESOLUTION OF BOARD TRANSFERRING TERRITORY. 

Resolved by the Board of Education of Township, That so much of sub-district 

number as is bounded as follows: (describe boundary), is hereby transferred, if 

the board of education of township concur in such transfer, to the said town- 
ship for school purposes, to form with so much of said township as is bounded as fol- 
lows: (describe boundary), a joint sub-district, the school-house therein to be situated 
in said township. 

RESOLUTION OF THE BOARD RECEIVING THE TERRITORY TRANSFEKRED. 

Resdved, That the board of education of township hereby concurs in the 

action of the board of education of township transferring so much of said 

township as is bounded as follows: (describe boundary), to this township for 

school purposes, to form with so much of the territory of this township as is 

bounded as follows : (describe boundary), a joint sub-district with school-house in this 
township. 

XXIII. PETITION TO BOARD OF EDUCATION FOR JOINT SUB-DISTRICT. 
[To be placed on file by the clerk of the board.] 
To the Board of Education of township : 



, 18-, 

Gentlemen: We, the undersigned elector?, residing in the territory hereinafter 
described, do bereby most respectfully pray your honorable body to establish a joint 
sub-district [special district, additional sub-district] embracing the territory bounded as 
follows : (describe the boundaries and set forth reasons causing this petition.) 

And thus the undersigned shall ever pray, etc. 



[Sections 3931, 3932, and 3946.] 

XXIV. CLERK'S NOTICE TO MEMBERS OF BOARD. 

, , 18-. 

Dear 8ir: "You are hereby notified that a petition signed by 



township [or townships], has been presented and filed, praying for the erec- 



I58 OHIO SCHOOL LAWS. 



Forms and Instructions. 



tion of a joint sab-district [xpfnirtl dtitrict, 'dditional sub-district] to comprise the terri- 
tory bounded as follows : {describe the boundaries.) 

The board wil 1 meet on , the '■ — of , 1 8—, at o'clock , 

for the purpose of considering the prayer of the petitioners. The presence of every 
member is desired. 

— — , Clerk. 

[Chapter 5, section 3933] 

Note.— [A notice, like the above, with a slight change re quired, must be sent "to 
the clerk* of ail other boards of education having jurisdiction over any of the terri- 
tory sought to be affected; and such clerks, upon the receipt of such notice, shall in 
like manner give notice forthwith of the filing of such petition, and of the time and 
place of meeting to each member of their respective boards."] [Chapter 5, section 
8933.1 

XXV. PETITION TO PROBATE JUDGE. 

, — , 18-. 

Hon. , Probate Judge of county, State of Ohio : 

Wherean, the boards of education of township, county, Ohio, and of 

township, in said county and state, having refused, at a meeting held [state 

lime and place] to grant our petition [or having failed to meet within the time pre- 
scribed by law to consider our petition] praying for the creation of a joint sub-dis- 
trict [special district, etc.,'} said petition having been filed with the clerk of said 

township board of education, as prescribed by law, on the day of , 18— ; 

Therefore we, the undersigned petitioners and electors, residents in the territory 
hereinafter described, do hereby most respectfully pray and petition you to appoint 
three judicious, disinterested men of county, and not residents of the town- 
ship [or townships or districts] to be affected by this petition, to consider the crea- 
tion of a joint sub-district embracing the territory bounded as follows : [describe the 
boundaries.] 

And thus we shall ever pray, etc. 



[Sections 3934 and 3938.] 

Note. — The above form may be readily adapted to cases as they may arise. 

XXVI. REMONSTRANCE AGAINST JOINT SUB-DISTRICT. 

, Probate Judge of county, Ohio : 



Whereas, the boards of education of township, county, Ohio, and 

of township of said county and state, at a joint meeting held on day of 

, 18—, did establish a joint sub-distriet composed of territory lying within the 

limits of said townships and bounded as follows : [describe boundary.'] 

Therefore we, the undersigned petitioners and electors, residents of the territory 
thus described, do hereby remonstrate against the action of such boards, and do most 
respectfully pray and petition you to appoint three disinterested judicious men of 



SCHOOL OFFICERS GUIDE. 1 59 

Forms and Instructions. 

county, not residents of the township to be affected by this petition, to con- 
sider whether the action of said boards should not be set aside, for the following rea- 
sons, to- wit: [give reasons.] 



Note. — In case the townships lie in different counties or a village or special dis- 
trict is affected, the above form may be changed to suit the circumstances. 

XXVII. APPOINTMENT OF COMMISSIONERS BY PROBATE JUDGE. 

, , 18-. 

Mr. . 

Dear Sir: By yirtue of authority conferred by law [section 3938 of the revised 
statutes of Ohio], and in response to a petition on file in this office, praying the cre- 
ation of a joint sub-district [special district, etc.] 

I hereby appoint you a commissioner to consider the prayer of the petitioners — a 
copy of which petition will be laid before you — and you are hereby notified and di- 
rected to meet the other two commissioners, appointed for a similar purpose on 

the day of , 18—, at o'clock at the school-house in sub-district 

No. , township, county, [if not a school-house then designate the 

place], to consider the expediency of creating a joint sub-district [special district, etc.}, 
and report to this office the result of your deliberations. 

, Probate Judge. 

XXVIII. REPORT OF COMMISSIONERS. 

, , 18-. 

Hon. , Probate Judge of county, Ohio. 

Dear Sir : We, the undersigned commissioners, acting under your appointment 

and instructions, dated the day of , 18—, respectfully report that we met 

agreeable to notice, and after due deliberation and consideration of facts, have granted 
[or refused, as the case may be,~\ the prayer of the petitioners, and have [not] established 
a joint sub-district, a plat and boundaries of which are hereby submitted, and have 
designated a site for a school-house [if there is no school-house within the boundaries 
given]. 



Commissioners. 



[See section 3941.] 

Note.— [Forms XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, may easily be 
varied to apply to the "creation of an additional sub-district, or for changing the lines 
of sub-districts, or for the creation of special school districts, or for changing the lines 
of special or village districts, and adjoining sub-districts."] [See section 3946.] 



l60 OHIO SCHOOL LAWS. 



Forms and Instructions. 



XXIX. ASSIGNMENT OF SCHOLAKS TO CENTRAL HIGH SCHOOL. 

__ The board of education of township, county, Ohio, met this day 

and'assigned the following scholars to the High School : 

From sub-district No. : 

A. B. 
C. D. 
Etc 

From sub-district No. : 

E. F. 
G. H. 
Etc. 
(The assignment from each sub-district being specified in like manner.) 
By order of the Township Board, 

, Clerk. 

XXX. APPOINTMENT OF LIBRARIAN. 

, , 18-. 



The hoard of education of township, county, has this day appointed 

to act as librarian, and to take charge of the school apparatus of said 



township, for term of year. 

By order of the Board, 

, Clerk. 

XXXI. BOND OF LIBRARIAN.* 
Know all men by these presents, that we, and 



held and bound unto the State of Ohio in the sum of hundred dollars, for the 

payment of which we jointly and severally bind ourselves. Signed and sealed by us 

this day of , eighteen hundred and . 

The condition of this obligation is such, that whereas, the board of education of 

township, county, on the day of , eighteen hundred and 

appointed and authorized said to act as librarian and to take 



charge of the school apparatus of said township district. 

Now, if said shall faithfully, honestly, and impartially, and in 

accordance with such rules and regulations as may, from time to time, be prescribed 
by said board, discharge his duty under and by virtue of said appointment, for the 

term of year, and until his successor shall be duly appointed, then this obligation 

shall be void. 

— , [seal.] . 

, [seal.]; 

Attested : 



*TMa form is authorized but not required by law. 



SCHOOL OFFICERS' GUIDE. l6l 

Forma and Instructions. 

XXXII. ORDER ON TOWN8HIP TREASURER FOR TEACHER'S PAY. 

, 18—. 

No. . 

To the Treasurer of Township, County, Ohio : 

Pay dollars for services as teacher in sub-district , of said township, 

from , 18 — , to 18 — , in all weeks, at per . 



Township Clerk. 
$ . 

Received on the above order, , , 18 — , of , Township 



Treasurer, the sum of dollars. 



-, Teacher. 



Note. — The above order should be countersigned by the president of the board 
in case of a teacher of a township high school. 

XXXIII. ORDER ON TREASURER OTHER THAN FOR TEACHER'S PAY 

No. . 

To the Treasurer of Township, County, Ohio. 

Pay , or order, dollars, for (specify for what purpose the money is 

paid) from the contingent school fund (or from the school building fund.) 
By order of the Township Board, 



■, President. 



— , Clerk. 



$ . 

Received on the above order, , , 18 — , of , Township 

Treasurer, the sum of dollars. 

See section 4047. 

XXXIV. LEASE TO SCHOOL DISTRICT. 

Know all men by these presents : 

That , of the county of , and State of , for the consideration 

herein mentioned, does hereby lease unto the board of education of the township of 

, county and state aforesaid, its successors and assigns, the following premises 

to wit: [Here insert description], with all the privileges and appurtenances thereunto 

belonging ; to have and to hold the same for and during the term of years from 

the — day of , 18 — . And the said board of education for itself and assigns, does 

covenant and agree to pay the said for the said premises, the annual 

rent of dollars [Insert date of payment]. 

11 



1 62 OHIO SCHOOL LAWS. 



iJorms and Instructions. 



In witness whereof, the said parties hereunto set their hands and seals, this 

of ,18—. 

, [seal.] 

Lessor. 

, [seal.] 

Chairman of the Board, 

, [seal.] 

Clerk. 
Signed, sealed, and acknowledged in the presence of — 



State of Ohio, County, ss. : 

Before me, a in and for said county, personally appeared , 

grantor in the above instrument, and acknowledged the same to be voluntary 

act'and deed, for the uses and purposes therein mentioned. 

In testimony whereof, I have hereunto subscribed my name and affixed my 

seal, this — day of , A. D. 18 — . 



Note. — If the lease be for three years or more, it must be acknowledged, attested 
by two witnesses, and recorded. If for a less term, it need not be executed with 
these formalities. See section 4112. The consideration may be money or anything 
else, and the form varied accordingly. The above form is for a long lease. 

XXXV. TOWNSHIP TREASURER'S BOND. 
Know-all men by these presents : That w< 



., are held and firmly bound unto the State of Ohio, in the sum of 

: — dollars, for the payment whereof we jointly and severally bind 

ourselves. 

Signed and sealed by us this - ■ day of , A. D. eighteen 

hundred and . 

Whereas, the said has been duly elected and qualified as treas- 

urer f township, county, and State of Ohio, for the 

term of- year — from the day of April, A. D. 18—, and until his successor is 

elected and qualified, and is therefore ex-officio treasurer of the board of education 
of the township district of said township. 

Now, the condition of the above obligation is such, that if the said 

shall faithfully disburse, according to law, all school funds which come into his hands, 
then this obligation shall be void ; otherwise it shall be and remain in full force. 

, [seal.] 

, [seal.] 

; , [SEAL.] 

The above bond approved by said board this day of , A. D. 18 — . 

President of said board. 

» 
Clerk of said board. 



SCHOOL OFFICERS' GUIDE. 1 63 

Forms and Instructions. 

The State of Ohio, county, township, ss. ; 

Before me, , clerk of said township, personally came , 

who, being duly sworn according to law, says that he will support the constitution of 
the United States, and the constitution of the State of Ohio ; and that he will faith- 
fully discharge his duties as treasurer of the board of education of the township dis- 
trict of township, county, Ohio, during his continuance in said office, 

and until his successor is chosen and qualified. 



Sworn to before me and signed in my presence, on day of , A. D. 18 — . 

> 
Township Clerk. 

XXXVI. CERTIFICATE OF TREASURER'S BOND. 

To the Auditor of county : 

, 18-. 

It is hereby certified that has executed and filed with me a bond for the 

faithful disbursement, as treasurer of township, county, of all school 

funds that may come into his hands as such treasurer ; which bond, dated April — , 
18 — , is in the penalty of dollars, and has been approved by the board of ed- 
ucation of said township. 

> 
Clerk of said township. 
Note. — [The above can be altered so as to apply to the bond of the treasurer of a 
separate school district.] 

XXXVII. TREASURER'S BOND. 

We hereby acknowledge ourselves firmly held unto the State of Ohio in the sum 

of dollars, for the payment whereof we jointly and severally bind ourselves, 

our heirs, executors and administrators. 

Signed and sealed by us, this day of , A. D. 18 — . 

The condition of the above obligation is this, that the said has 

been duly chosen and qualified as treasurer of the board of education of the * 

District of , in township, county, and State of Ohio, for the 

term of one year from the — day of April, A. D. 18 — , and until his successor is 

chosen and qualified ; now if the said shall faithfully disburse, ac 

cording to law, all school funds which come into his hands, then this obligation shall 
be void ; otherwise it shall be and remain in full force and effect. 

, [seal.] 

, [seal.] 

, [seal.] 

The above bond approved by said board this day of , A. D. 18 — . 

President of said boar 

> 

Clerk of said board. 



164 OHIO SCHOOL LAWS. 



Forms and Instructions. 



The State of Ohio, county, township, ss. : 

Before me, t , personally came , and was duly sworn, 

according to law, to support the constitution of the United States, and the constitution 
of the State of Ohio; and perform faithfully his duties as treasurer of the board of 

education of the *- district of , in township, 

county, Ohio, during his continuance in said office, and until his successor is chosen 
and qualified. 

Sworn to before me and signed in my presence, on this day of , 

18—, by the said . 



of said board. 



XXXVIII. CLERK'S BOND. 



Know all men by these presents: That we, — : , , are 

held and firmly bound unto the State of Ohio, in the sum of dollars, 

for the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. eighteen hun- 
dred and . 

Whereas, the said has been duly chosen and qualified as clerk of the 

board of education of * district of , in town- 
ship, county, and State of Ohio, for the term of one year from the 

day of April, A. D. 18 — , and until his successor is chcsen and qualified. 

Now, the condition of the above obligation is such, that if the said:; 

shall faithfully perform all the official duties required of him as clerk of said board, 
then this obligation will be void ; otherwise it shall be and remafn in full force. 

, [seal.] 

, [seal.] 

, [seal.] 

The sureties on the above bond, and its amount, approved by said board this 
day of , A. D. 18 — . 

President of said board. 

Clerk of said, board. 

The State of Ohio, county, , township, ss.: 

Before me, t , personally came , who, being duly sworn 

according to law, says that he will support the constitution of the United States and 
the constitution of the State of Ohio ; and that he will faithfully discharge his duties 

as clerk of the board of education of the * district of , in 

township, county, Ohio, during his term of office, and 

until his successor is chosen and qualified. 

of said board. 



fThe oath may be administered by the clerk of the board, or any of its members. 
See section 3979. Here write (using correct name) "A. B. clerk {or a member) of the 
board below named."] 

*[Here write " village " or " special, " as may be. 



SCHOOL OFFICERS' GUIDE. 1 65 



Forms and Instructions. 



XXXIX. TOWNSHIP CLERK'S BOND. ' 

Know all men by these presents: That we, , , are held 

and firmly bound unto the State of Ohio, in the sum of dollars, for the 

payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. eighteen hundred 

and . 

The condition of the above obligation is such that, whereas, the said 

has been duly elected and qualified as clerk of township, 

county, and State of Ohio, for the term of one from the day of April, A. D. 

18—, and until his successor is chosen and qualified, and is, therefore, ex-officio 
clerk of the board of education of the township district of said township. 

Now, if the said shall perform faithfully all the official duties 

required of him as clerk of said board, then this obligation will be void ; otherwise it 
will remain in full force. 

, [seal.] 

, [seal.] 

. [seal.] 

The sureties on the above bond, and its amount, approved by said board this 

day of , A. D. 18 — . 



President of said board. 



Clerk of said board. 

The State of Ohio, county, township, ss. : 

Before me, , clerk of said township, personally came , 

who, being duly sworn according to law, says that he will support the constitution of 
the United States and the constitution of the State of Ohio ; and that he will faith- 
fully discharge his duties as clerk of the board of education of the township district 

of township, county, Ohio, during his term of office, and 

until his successor is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of , 

A. D. 18—. 

Township clerk. 

XL. REPORT AND CERTIFICATE OF SCHOOL FUNDS IN TREASURY. 

We hereby certify that, by a count, as required by law, of all the money, bonds, 

and securities in the hands of , treasurer of township [or 

district], county, Ohio, made this day of , 

18 — , in the presence of the clerk of the board, we find dollars [and bonds, 

etc., in value amounting to dollars | school funds to be in the treasury on the 



[tThe oath may be administered by the outgoing clerk of the board, or by any 
of its members. Here write (using correct name) " A. B., clerk (or, a member) of the 
board below named."] 



1 66 OHIO SCHOOL LAWS. 



Forms and Instructions. 



date above named, and we have directed the clerk to enter upon the records of the 
board a copy of this report. 

(Signed,) , 



Board (or committee.) 

Attest, , President. 

, Clerk. 

[See section 4043, Revised Statutes.] 

XLI. FINAL RECEIPT OF TOWNSHIP TREASURER. 

Received, , 18 — , of , late treasurer of township^ 

county, the following moneys and school property, to wit.: 



dollars, being part and parcel of the fund, also, etc. 

j 

Treasurer. 

XLII. FINAL RECEIPT OF TOWNSHIP CLERK. 

Received, , 18 — , of , late clerk of town- 
ship, the school-money account-book, the record book of the township board, the copy 
of the school laws, the certificate and reports of teachers required by law to be filed 
in his office, and the other official books and papers relating to schools, in his hands. 



Clerk of said board. 

[See section 4054.] 

Not^. — [The incoming clerk should be specially careful to receive all the books 
and documents specified in the above receipt. This form can readily be altered to- 
answer for any other district.] 



SCHOOL OFFICERS GUIDE. 



167 



Forms and Instructions. 



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OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL OFFICERS GUIDE. 



169 



Forms and Instructions. 



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170 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL OFFICERS' GUIDE. 171 



Forms and Instructions. 



DIRECTIONS TO TEACHERS. 

1. Names of pupils. — Arrange the names of pupils in alphabetical order, with at 
least one blank line between the names of the two sexes. 

2. Days present.— Write in this column the number of days each pupil was in 
attendance during the term. 

3. Days absent.— Report only the number of days the pupil was absent while a 
member of the school. Do not count the days before he entered, nor after he was 
withdrawn. 

4. Pupils enrolled previous term. — If the report is made for the second or final term 
of the school year, place a check-mark (x) in this column opposite the names of all 
pupils enrolled the previous term. If the rep-rt is made for the first term of the 
school year, this column is not to be filled, since the " previous term " in that case would 
not be in the current year. 

5. Branches of study.— To denote that a pupil pursued a given branch of study, 
place a figure one (1) in the proper column, opposite the pupil's name. If he pur- 
sued the same study the previous term of the- current year, place a figure (2) in the 
proper column. Under the head of "alphabet" mark those pupils that received 
their first lesson in reading, whatever the mode of teaching. By "oral lessons" is 
meant all regular oral instruction, whatever the .subjects thus taught ; book lessons are 
not included. 

6. Rule for finding the arc rage daily attendance.— Add together the number of days 
the different pupils were in attendance, and divide the sum by the number of days 
the school was in session. The average daily absence is found in a similar manner. 

7. Rule for finding the average age of pupils.— Divide the sum of the ages of all 
the pupils by thf number of pupils. 

8. Under the columns headed reading, spelling, etc., use letters and figures to 
indicate the progess of the pupil and his standing as a scholar, thus : Under the 
word " Class," in the reading and spelling columns, let e denote that the pupil is in 
the mere elements, 1 in the First Reader, 2 in the Second Reader, etc. Under Writ- 
ing, ditto. Under Geography and all other branches, e means in the elements. 
Figures underscored indicate the page reached in his Primary Geography, Arith- 
metic, etc. Figures not underscored indicate the page reached in the Intermediate 
Geography .Practical Arithmetic, etc. Under the words " recitation " and " examina- 
tion," put figures to denote scholarship, on a scale of 10. For example : John Smith, 
reading, | 5 | 8 | 9 | , arithmetic, | 95 | 9 | 10 | , indicates that John Smith is in the 
Fifth Reader, that his term recitation show his scholarship to be 8 on a scale of 10, 
and that his examination shows still better scholarship ; also that he reached the 
95th page of his arithmetic, and that his scholarship is 9 on daily recitations, and 10 
in examination. 



172 



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OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL OFFICERS GUIDE. 



173 



Forms and Instructions. 



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i74 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL OFFICERS' GUIDE. 1 75 



Forms and Instructions. 



TEACHER'S REPORT TO THE TOWNSHIP CLERK— Concluded. 

DIRECTIONS TO TEACHERS. 

1. Names of Pupils. — Arrange the names of pupils in alphabetical order, with at 
least one blank line between the names of the two sexes. 

2. Days Present. — Write in this column the number of days each pupil was in 
attendance during the term. 

3. Days Absent.— Report only the number of days the pupil was absent while a 
member of the school. Do not count the days before he entered nor after he was 
withdrawn. 

4. Ages. — Give the age of each pupil to the nearest birthday ; i. e., if the pupil's 
birthday last preceding his enrollment be more than six months past, give the age 
at what it will be on the pupil's birthday next succeeding ; but if less, give his age 
at his last birthday. 

5. Re-enrollments of First Class.— The name of each pupil that has been re-enrolled 
in consequence of having attended a previous term of the school year, in the same 
school, or in any sub-district school in the same township, should be marked in the 
proper column with an asterisk (*). 

6. Re-enrollments of Second Class.— The name of each pupil that has been re- 
enrolled in consequence of having attended previously in the school year a school in 
some other school district in the State, should be marked in the proper column with 
two asterisks (* *). 

7. Branches of Study and School Year.— A. figure one (1) should be placed in the 
proper column, opposite the name of each pupil that pursued that study regularly. 
In case a pupil has studied a given branch some previous term of the same school 
year — the school year begins September 1st, and ends on the 31st day of the following 
August— instead of a figure (1) use a cross (X). Teachers and Township Clerks 
should use great care in giving this item. 

8. Alphabet.— Under this head are included primary lessons in reading. 

9. Oral Lessons.— Include all pupils that received regular oral instruction, whatever 
the subjects thus taught; book lessons are not included. 

10. To find the average monthly enrollment of boys, find the number of boys 
enrolled each month ; add these numbers together, and divide their sum by the 
number of months in the term. Give the quotient to the nearest integer. The aver- 
age monthly enrollment of girls may be obtained in the same manner. A pupil who 
is absent the whole of any school month is not to be counted in the enrollment of 
that month. 

11. To find the average daily attendance of the boys, divide the sum of all the 
days attended by the boys, by the number of days taught. Give the quotient to the 
nearest integer. The average attendance of the girls can be found in the same way. 



176 OHIO SCHOOL LAWS. 



Forms and Instructions. 



12. To find the average per cent, of attendance, multiply the average daily 
attendance by 100, and divide by the average monthly enrollment. Give the quotient 
to the nearest integer. 

13. Remarks.— Opposite each name enter a "remark," stating from what school 
the pupil was received, if registered in another school in the same township or dis- 
trict, at any time durinq the school year ; or what school he entered, if transferred or 
withdrawn during the year. The object of these remarks is to show in what school 
the pupil was laht registered. 

14. School-houses and Apparatus. — An estimate of their value can easily be obtained 
of the directors of the sub-district. Report to the township clerk, on a separate- 
piece of paper, the condition of the school-house, school furniture, and school appa- 
ratus (outline maps, etc.) 



SCHOOL OFFICERS GUIDE. 



177 



Forms and Instructions. 



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OHIO SCHOOL LAWS. 



Forms and Instructions 





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SCHOOL OFFICERS GUIDE. 1 79 



_r orms and Instructions. 



DIRECTIONS TO CLEEKS AND TEACHERS. 

1. The account of the " School-house and contingent fund " should be kept in 
the properly designated columns; and the account of the "Tuition funa" in the 
columns marked " Tuition Fund." 

2. For each order drawn or paid, make two entries — one in the general town- 
ship account of school funds, and the other in the account of the proper sub-district. 

3. All school money received from adjacent townships for the support of a joint 
sub-district school should be entered in the general account under the head of 
Receipts, and in the proper joint sub-district account under the head of Apportion- 
ment. All moneys paid to adjacent townships for the support of a joint sub-district 
should be entered in the general account under the head of Expenditures. 

4. All money paid by non-resident pupils for tuition in any school of the town- 
ship, must be paid to the Treasurer and entered in the general account under the 
head of Receipts, and also in the account of the proper sub district under the head of 
Apportionment. 

5. The Treasurer's general account should be balanced at the time of the annu- 
al settlement with the Auditor in September, the close of the school year. The 
Treasurer's sub-district account and both the general and sub-district accounts of the 
clerk should be balanced at the close of the school year, and also at the time the 
money, bonds, or other securities, in the Treasurer's hands are counted, as provided 
in section 4043. 

At the expiration of their terms of official service, the Township Clerk and 
Treasurer are required by law to deliver to their successors in office this book and 
all other official books and papers relating to schools, in their hands. 



LI. REPORT OF THE TREASURER OF TOWNSHIP, 

COUNTY, OHIO. 



To the County Auditor, for the year ending August 31, 18—: 

(To be made to the auditor on or before the 4th day of September.) 

RECEIPTS. 

Amount of school moneys received during the year from the following sources, 
viz : 

Balance on hand September 1, 18 — $ 

State Tax 

Irreducible school funds 

Interest on rents on school-land, section 16 

Local tax for school and school-house purposes 

Amount received on sale of bonds 

Fines, licenses, tuition of non-resident pupils, and other miscellaneous 

sources 

Total receipts 



l8o OHIO SCHOOL LAWS. 



Forms and Instructions. 



EXPENDITUKES. 

Whole amount paid teach- { Pmnar P $ j 

ers in common schools : 1 xj;„ n <g ) " 

Amount paid for supervision, exclusive of teaching services — 

For sites and buildings — 

Amount paid for interest on, or redemption of bonds., — 

For fuel and other contingent expenses — 

Total expenditures $—r- 

Balance on hand September 1, 18 — $ — 

Amount of outstanding orders unpaid September 1, 18— $ — 

I certify the foregoing to be in all respects, correct. 



, Treasurer. 

., Ohio, , 18—. 



The abo\e report should cover only the moneys actually received and disbursed 
by the treasurer within the school y^ar ending August 31. In case the school funds 
arising from the second semi-annual distribution of taxes are not received on or 
before August 31, such funds must be reported by the Treasurer among the receipts 
of the following year. In case there were outstanding orders unpaid on the first of 
September, the amount of such orders should be added to the report, in order that 
it may show the entire expenses of the schools within the year, and thus correspond 
to the returns of the Board of Education. All claims upon the school fund for 
expenses incurred within the year should be settled and paid, if possible, previous 
to August 31. 

By "Irreducible School Funds" is meant all funds from the State, as interest on 
the Virginia Military, United States Military, or Western Reserve School Funds, and 
the rent of, or interest on the proceeds of the sale of " Section Sixteen." 

All money paid by non-resident pupils for tuition in any school in the township, 
must be paid into the township treasury, to be disbursed on the clerk's order, and 
reported under the head of receipts. 

The County Auditor transfers all funds belonging to joint sub-districts directly 
to the township in which the school is located. 



CHAPTER V.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, 

ETC. 

LII. APPOINTMENT OF SCHOOL EXAMINERS. 

Office of Judge of Probate, 
County, 0., , 18 — . 

Being satisfied that is a competent and suitable person to act as a 

member of the board of school examiners for this county, I do hereby appoint him 
to said office for the term of three years from date, and untij his successor shall be 
appointed. 



SCHOOL OFFICERS* GUIDE. l8l 

Forms and Instructions. 
LIU. REVOCATION OF SCHOOL EXAMINER'S APPOINTMENT. 

Office of Judge of Probate, 
County, 0., , 18 — . 

Whereas, on the : day of , 18—, was appointed to the 

office of school examiner of county, for the term of three years; and, whereas, 

evidence has been filed with me, and I have become satisfied that said 

is an unfit person to be retained as a member of the board of school examiners of 
said county, in consequence of (here slate the cause of action.) 

Therefore, the said appointment of said , as school examiner of said 

county, is hereby revoked. 

*-, Judge of Probate. 

LIV. TEACHER'S CERTIFICATE. 
[For county.] 
No. Class . 

* The undersigned, school examiners of county, Ohio,' having examined 

-, do hereby certify, that possesses adequate knowledge of the theory 



and practice of teaching, and is qualified to teach orthography, reading, writing, 
arithmetic, geography, English grammar, United States history, physiology and 
hygiene, and on the the nature of alcoholic drinks and narcotics and their effects 

on the human system ; and that has furnished satisfactory evidence of good 

moral character. 

This certificate to be valid for the term of months from date. 

Given at — , and dated this day of , A. D., 18—-. 

RESULT OF EXAMINATION. 

Orthography 

Reading 

Writing 

Arithmetic. 

Geography 

English grammar 

Theory and practice 

United States history 

Physiology and hygiene 

Nature of alcoholic drinks and their 
effects on the human system. 



School Examiners. 



LV. REVOCATION OF TEACHER'S CERTIFICATE. . 

To the local directors of sub-district No. — , township, county, Ohio : 

Whereas, the board of examiners of said county, on the day of , 18 — , 

granted a certificate to , authorizing him to teach orthography, etc., for 

the term of years, and he is now engaged as a teacher in said sub-district. 

And, whereas, it has been represented, and said board has become satisfied, that 

is an unfit person to be retained as such teacher, in consequence of 

(here slate the offense). 



1 82 OHIO SCHOOL LAWS. 



Forms and Instructions. 



Therefore, said certificate is hereby revoked [or tvas] revoked at a meeting of said 

board day of , 18 — . 

By order of the Board. 

, Clerk. 

Note. — [A teacher's certificate may also be revoked when he is not engaged as a 
teacher. When this is the case, the first line of the above form should be omitted, 
and the last paragraph changed to read as follows: " Therefore, his said certificate 
is hereby revoked."] 



SCHOOL OFFICERS' GUIDE. 



183 



Forms and Instructions. 



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184 OHIO SCHOOL LAWS. 



Forms and Instructions. 



TEACHERS' INSTITUTES. 

Constitution of County Teachers' Association- 

PREAMBLE. 

As a means of improvement in the profession of teaching, and of promoting the 
interests of the schools in our county, we the undersigned, associate ourselves to- 
gether under the following 

CONSTITUTION. 

Article I. This association shall be called the County Teachers' Associa- 
tion. 

' Art. II. The officers of this association shall be a president, a secretary, and 
an executive committee of three members, who shall also perform the duties of a 
financial committee. 

Art. III. It shall be the duty of the president to preside at all meetings of the 
association. In case of vacancy, or in his absence, a president pro tern, may be elected, 
or the chairman of the executive committee may perform his duties. 

Art. IV. It shall be the duty of the secretary to perform the usual duties 
devolving upon such officer. 

Art. V. The executive committe shall carry into effect all orders and resolutions 
of the association, and shall devise and put into operation such other measures, not 
inconsistent with the object of this association, as it shall deem best. It shall arrange 
business for all regular meetings of the association, and shall appoint, under the 
direction of the association, at least one such meeting each year. It shall make all 
necessary arrangements for holding and conducting at least one teachers' institute 
in the county each year. In case the amount of money under the control of the as- 
sociation, including the institute fund in the hands of the county treasurer, be in- 
sufficient to defray the necessary expenses of an institute, said committee shall fix 
and give due notice of an institute tuition fee to be paid by those attending such 
institute. All moneys belonging to this association are to be paid out only on orders 
drawn by the executive committee. 

Art. VI. The executive committee shall hold its meetings as soon after election 
as possible. Two members shall constitute a quorum for business, and afterwards 
may meet on their own adjournment or appointment. 

Art. VII. Any teacher, or active friend of education, may become a member of 
this association, by subscribing to this constitution and contributing annually to the 
funds of the association. 

Art. VIII. The officers of this association shall be chosen by ballot, or in such 
other manner as the association may direct, at the annual meeting, and shall hold 
their offices for one year, or until their successors are elected. 

Art. IX. This constitution may be altered or amended by a majority of the 
members present at any regular meeting, provided notice of such intended alteration 
or amendment shall have been given at the preceding meeting. 



SCHOOL OFFICERS' GUIDE. 1 85 

Forms and Instructions. 

Forms to be used under the provisions of the Education Law to 
compel children under fourteen years of age to attend school a certain 
length of time each year. [0. L. 86 v. 333.] 



NOTIFICATION TO PARENT OR GUARDIAN OF NON-ATTENDANCE. 

(Under Sec. 8.) 



0., 189..: 

To 

You are hereby notified that , a minor, between the ages 

of and years, who is under your charge and control, is not 

attending any school. 

You are required by law to cause such child to attend some recognized school 
within five days from the date of this notice, under penalty of the law, which pro- 
vides as follows : 

* * "If said parent, guardiau, or other person having the legal charge and control of said 
child, shall willfully neglect, full, or refuse to cause said child to attend some recognized school, it shall 
be the duty of said officers to make, or cause to he made, a complaint against said parent, guardian c r 
other person having the legal charge or control of such child, in any court of competent jurisdiction 
in the city, village or township in which the offense occurred, for such refusal, failure, or neglect, and 
upon conviction thereof said parent, guardiau or other person, as the case may be, shall be punished 
by a fine of not less than five dollars nor more than twenty dollars, or the court may, in its discretion- 
require persons so convicted to give bonds in the penal sum of one hundred dollars, with one or more 
sureties to be approved by said court, conditioned that said persons so convicted shall cause the child 
or children under his or her legal charge or control to attend some recognized school within five days 
thereafter, and to remain at said school during the term prescribed by law." * *" * 



Truant Officer. 
'Township, County, Ohio. 



[" Village district," or the name of the city may be written here instead of township.] 



COMPLAINT AGAINST PARENT OR GUARDIAN. 

(Under Sec. 8.) 



0., 189... 

To 

of 

I, , duly appointed according to law by the Board of Education 

of *Township, County, Ohio, as Truant Officer of 

said *Township, hereby make complaint that is 



1 86 OHIO SCHOOL LAWS. 

Forms and Instructions. 

of, and has legal charge and control of a minor, between the ages 

of and years : 

That the said is, under the construction of the law, a juvenile 

disorderly person : 

That in accordance with the Statutes in such cases made and provided, I did on 

the day of 1S9— , notify the said that the said 

was not attending any school, and requiring that the said 

should cause the said to attend some recognized school within five 

days from the date of said notice : 

^ That the said — ■ has failed to comply with the requirements of said 

notice, as provided by law in such cases. 

In witness whereof, I have hereunto set my hand this day of 189—. 

Truant Officer of ^Township, 

County, Ohio 

*{" Village district ' ' or the name of the city mav be -written here instead of township.] « 



COMPLAINT AGAINST JUVENILE DISORDERLY PERSON. 

(Under Sec. 8 ) 



O., 189... 

To 



of 



!> , duly appointed according to law, by the Board of Education 

of ^Township, County, Ohio, as Truant Officer of 

said *township, hereby make the following complaint: 

That in accordance with the Statute in such cases made and provided, I did, on 

the day of , 169— , notify , the 

of, and having legal charge and control of , a minor, between the ages 

P f and ■ years, that the said was not attend- 
ing any school, and requiring that the said should cause the said 

to attend some recognized school within five days from the date 

of the said notice : p 

That the said having failed to comply with the requirements 

of said notice, I made complaint as provided by law in such cases. 

Now, whereas, the said having proved inability to cause 

the said to attend said recognized school, I hereby make complaint 

that said — is a juvenile disorderly person within the meaning of the 

Statute, and subject to the penalties of the law in such cases made and provided. 

In witness whereof, I have hereunto set my hand this day of 189—. 



Truant Officer of ^Township, 

County, Ohio 

"'[" Village district ' ' or name of city may be written here instead of township.] 



SCHOOL OFFICERS' GUIDE. 1 87 

Forms and Instructions. 

WARRANT FOR THE ARREST OF A JUVENILE DISORDERLY PERSON. 
The State op Ohio, 



10, I 

> 88. 

County. J 



To , truant officer, [or any constable or policeman] greeting: 

Whereas, there has been filed with me an affidavit, complaining that, under the 
provisions of an act passed by the General Assembly, April 15, 1889, to compel 
children under fourteen years of age to attend school a certain length of time each 
year, is a juvenile disorderly person: these are, therefore, to com- 
mand you to take the said and safely keep so that you have 

body forthwith before me, or any court of competent jurisdiction in said county, to 
answer the said complaint, and be further dealt with according to law. 
Given under my hand, this day of , 18—. 



[Here write name of office.] 



COMMITMENT. 



State of Ohio, County, 

township [village district, 

or city.] 



[■ S8. 



By , [name of office], to any truant officer, [constable or policeman] 

for the said township [city or village] : 

These are to command you in the name of the people of the State of Ohio to take 
and convey to [here insert the name of the juvenile reformatory or county children's 

home] the body of who being charged before me on the oath of 

, truant officer, with being a juvenile disorderly person, under this 

act, I caused the said to be brought before me on said charge, and 

I proceeded to inquire into the matter in his presence, and having duly considered 

the said matter, was convicted on competent testimony of being a 

juvenile disorderly person. 

And I having been satisfied by sufficient proof that the said is 

a child between the ages of eight and fourteen years, and is of the age of 

years, htwing sufficient bodily health and mental capacity to render attendance 

and instruction at some public or private school expedient and practicable, 

was adjudged by me to be a proper subject to be committed to the 



Now, therefore, you , [here insert name of office] are hereby 

commanded to receive the said , who is hereby committed by me 

to your care in said county children's home, [or juvenile reformatory] there to be 
restrained and detained and sent to school until such child shall arrive at the age of 
sixteen years, unless sooner discharged by the board of trustees of said home, |or 
reformatory.] 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



Given under my hand and seal this day of in the year of our Lord 

one thousand eight hundred and . 



[0. L. 86 v. 336, § 8.] 



... [seal.] 

Sere insert name of office. 



CERTIFICATE OF SCHOOL ATTENDANCE. 

(.Under Sec. 2.) 



0., 189... 

To all whom it may concern: 

This is to certify that has attended my school for a period of 

not less than weeks within this year, weeks of which have been 

consecutive. 

Teacher of School, 

, County, Ohio. 

Section 2 provides, "That no child under the age of fourteen years shall he employed hy any per- 
son, company or corporation during the school term, and while the public schools are in session, 
unless the parent, guardian or other persons having care of such child, shall be able to give substantial 
proof that he or she has fully complied with the requirements of Section 1 of this act, or that such 
child has completed the usual primary or grammar grades in some public or private school, and such 
person, company or corporation shall demand such proof before giving employment to any minor, 
and shall make a record of said proof given, and shall be required, upon the request of the officer 
(hereinafter provided for) to allow said officer to examine the said record and also the record as pro- 
vided for in Section 6086aa of the Revised Statutes, and any person, company or corporation employing 
any child contrary to the provisions of this act shall be liable to a penalty of fifty dollars for each 
offense, to be recovered in an action for debt in any court, or before any justice of the peace having 
jurisdiction, and such action shall be brought in the name of the clerk of the board of education. 



CERTIFICATE OF EDUCATION. 

(Under Sec. 3.) 



0., 189... 

To all whom it may concern: ■ 

This is to certify that , who is a minor over the age of fourteen 

and under sixteen years, can read at sight and write legibly simple sentences in the 
English language ; as required by law, under the Ohio Laws, Vol. 86, p. 333, Sec. 3. 



Clerk of Board of Education of 

County, Ohio. 



SCHOOL OFFICERS GUIDE. 



189 



Forms and Instructions. 



Section 3 provides, "That all minors over the age of fourteen and under sixteen yeais, who can not 
read and write the English language, shall be required to attend school at least one-half of each day, or 
to attend some evening school organized and maintained by the board of education, or to take regular 
private instruction from some person qualified, in the opinion of the superintendent of schools in 
cities, and the clerk of the board of education in villages and townships, to teach such branches, until 
he or she shall obtain a certificate from the superintendent of schools in cities, and the clerk of the 
board of education in villages and townships, certifying that said minor can read at sight and write 
legibly simple sentences in the English language, and every person, company or corporation having 
such minor in employment, shall be required to exact such school attendance from such minor, and 
be prepared, upon demand of the hereinbefore mentioned officer, to furnish evidence that such minor 
does comply wish the requirements of this act, and any person, company or corioration failing or 
neglecting to exact such school attendance from such minors shall be liable as provided for in Section 
2 of this act; provided, such person, company or corporation shall not have made provisions for the 
private instructions of such minors." 



NOTICE TO EMPLOYERS OF YOUTH. 



To 



[here insert name of person, company or corporation]. 



Your attention is respectfully called to sections 2, 3, 6 and 12 ot an act passed by 
the General Assembly, April 15, 1889, to compel children under fourteen years of 
age to attend school a certain length of time each year. 

In compliance with the provisions of this act, you are requested to return to me 
on this blank the names, ages, and residence of all minors under fourteen years of 
age employed by you, also all minors between fourteen and sixteen years of age, 
and to state whether you have a certificate from the superintendent of schools, or 
clerk of the board of education, that authorizes you to employ such minors. 



! Clerk of 



Board of Education. 



Name of minor. 


Age. 


Residence. 


Certificate — Yes or no. 



























































*In cities this notice may be signed by the superintendent of schools. 



190 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



TEACHER'S EEPOKT. 
(Under Sec. 11.) 



0., 189... 

To the Clerk of the Board of Education of , Co. 0. 

The following is a correct list of the scholars attending my school at the time of 

this report, being the last week in 189—. 

, Teacher. 



Names of scholars. 


Age. 


Residence. 













































SCHOOL OFFICERS GUIDE. 



191 



Forms and Instructions. 



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Complaint entered 
of Juvenile Dis- 
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Complaint entered 

on refusal, failure, 

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INDEX TO THE OHIO SCHOOL LAWS. 1 



ABSTRACT— section page 

Enumeration, returns of, to be made by county auditor... 4039 108 

School statistics to be returned by county auditor .... 4060 119 

ACADEMY— (See Private School*.) 

ACCOUNT BOOKS— 

Auditor to furnish clerks and treasurers with 4055 116 

ACCOUNTANT— 

Appointed to investigate fraudulent use of money 361 142 

AFFIDAVIT— 

Complaining of fraudulent use of money 364 142 

AGE- (See School Age.) 

ANNUAL ESTIMATES— 

To be made by board 3958 43. 

To be made by county commissioners, when 3969 48 

For joint sub-districts, by whom made 3941a, 3961 36, 44 

APPARATUS— 

May be furnished by board 3995 75 

APPOINTMENT— 

Sub-district clerk 3918 26 

Local directors to fill vacancy 3919 27 

Commissioners to consider formation of joint sub-district.. 3938 35 

Board of education to fill vacancy 3981 58 

Librarian 3998 77 

Examiners, State board 4065 120 

Examiners, counly boards 4069 122 

Examiners, local boards 4077,4084 128, 131 

Truant officer 6 98 

Directoi 8 of Cincinnati and Toledo universities 4098 137 

To fill vacancy in office of school commissioner 354 140 

Accountant to investigate charges 364 142 

APPORTIONMENT OF SCflOOL FUNDS— 

State common school fund, irreducible fund, etc 3956 41 

By county auditor, how made 3964 45 

When county line divides original township 3966 46 

Contingent fund by board of education 3967 47 

Appeal in case of dissa'isf action 3967 47 

APPROPRIATION OF PROPERTY— 

How made for school purposes.. 3990 72 

ASSIGNMENT OF YOUTH— 

May be made by board of education 4013 85 

13 



194 INDEX TO OHIO SCHOOL LAWS. 

ATTENDANCE ENFORCED— section bag 

What children must attend school 1,2,3 95, 96 

What children must attend half of each day, evening 

E school, or private school 3 96 

When unlawful to employ children 2 96 

Board to ascertain condition of non-attending children.... 4025 94 

When board may supply books 4026 94 

Penalties for violating provisions 2, 3, 4, 8, 12 96,96,97,99, 102 

Penalties imposed upon persons or officers for neglect of 

duty 13 102 

When children sent to juvenile reformatory, or children's 

home.... 8 99 

When children may be released from enforced attend- 
ance , 9, 10 101 

What is equivalent to attendance in day school 4029 95 

AUDITOR OF STATE— 

Apportionment of school fund by 3956 41 

Superintendent of "common school fund" 3953 41 

AUDITOR— (See County Auditor.) 

BEQUESTS— 

To common school fund .... 3955 41 

Maybe accepted by boards 3975 54 

May be received by county commissioners 145 

BIDDING— 

Directions for, on school-houses 5988 69 

BLANKS— 

By whom furnished 4058 117 

To be distributed by county auditor 41:58,4060 117, 119 

BOARD OF EDUCATION— (See City Districts of Firrt Class, 
City Districts of Second Class, Village, Special, and Township 
Districts, etc) 

May transfer territory 3893 9 

May provide for organizing township into village district. 3894 10 

Organization, how effected 3895-6 10 

General powers and duties... 3971 51 

May sell and exchange real estate 3971 51 

Has title to what property..; 3972 52 

Property exempt from sale on execution 3973 53 

Property vested in, exempt from taxation 3973 53 

Conveyances and contracts by 3974 54 

Members cannot contract with board 3974,6975 a 54, 113 

When members must not participate in an election of a 

teacher 6975 a 113 

Must not accept or offer bribe , 6975 a 113 

Contracts must be made at meeting 3974 54 

May receive compensation as what 3974 54 

May accept bequests 3975 54 

Process against, how served 3976 55 

Prosecuting attorney or county. solicitor counsel for 3977 55 

To decide tie votes by lot 3978 56 

Oath to be taken by members and officers 3979 57 

Organization, time and mode of 3980 58 

Shall appoint an auditor 3980 58 

Vacancies, how filled and when 3981 58 



INDEX TO OHIO SCHOOL LAWS. J 95 

BOARD OF EDUCATION— Continued— section pa<; 

Quorum, yeiis and nays when taken 3982 GO 

President or clerk, absence of 3983 61 

Record of proceedings, attestation 3984 62 

Shall make rules and regulations 3935 62 

May enforce vaccination 3986 63 

To build, enlarge, repair school-houses, etc 3987 67 

May purchase rights of way, build fences, plant orna- 
mental trees.. 3987 67 

May let bids and contracts for house 3988 69 

To erect houses in. joint sub-districts 3989 72 

Mr/ appropriate property 3990 72 

May submit to voters question of tax levy 3991 73 

To certify such levy to auditor, if approved 3992 74 

How anticipate levy, by issue of bonds 3993 74 

How iesue bonds in city districts, first class 3994 75 

May buy books for library, apparatus, etc., (See Libraries) 3995 75 

May purchase book3 from publishers.. 4020 91 

May purchase books for indigent children 4026 94 

Must provide for the study of the nature of alcoholic 

drinks and narcotics, etc 92 

Must provide sufficient schools- 4007 80 

May establish schools of higher grade 4009 81 

May establish school at orphans' homes, infirmaries, etc.. 4010 83 

May provide evening schools 4012 85 

May admit whom to school, condition 4013 85 

Suspension and expulsion of pupils 4014 86 

May control schools, appoint officers, and for what term.. 4017 87 

To determine studies and text-books 4020 91 

Shall cause the German language to bfi taught 4021 93 

Shall enforce attendance (See Attendance Enforced.) 

Shall appoint truant officer 6 98 

Shall make an annual report (See Reports.) 
BONDS— 

How and when issued for school purposes 3993-4 74, 75 

To be given bv school officers— clerk of board 40".0 114 

Treasurer of brard '. 40-13 109 

Clerk of examining board 4076, 4079 128, 129 

Institute committee 4086 132 

Forfeiture of bond of committee 4089 133 

State school commissioner 3of> 140 

Recording and tiling treasurer's bond 4043 109 

BOARD OF EX A MINERS- (See -State i'oard Examiners, County 
Board, City and Village Boards ) 

BOARD OF INFIRMARY DIRECTORS— 

Powers and duties as to schools 40!0 83 

BOARD OF TRUSTEES OF CHILDREN'S HOME OR ORPHANS' ASYLUM— 

Powers and duties as to schools 4010 83 

BOOKS— 

May be purchased for libraries 3995 75 

When furnished to pupils by board 4026 94 

BRANCHES OF STUDY— 

Must be taught in English 4020 91 

On what teachers must be examined 2, 4074 92, 125 



196 INDEX TO OHIO SCHOOL LAWS. 

CERTIFICATE— section fags 

Original or copy thereof to be Sled with clerk ., 4051 114 

Issued by State board of examiners- 4066 121 

Eevocation of same 4067 121 

Issued by county boards, for what term.. 407S 124 

revocation of same- 4073 124 

when renewable without re-examination.................... 4073 124 

No one shall teach without. 4074 125 

Issued in city districts of first class......................... 4081 130 

when renewable without re-examination. 4031 130 

grades of certificates issued 4081 130 

revocation of 4081 130 

Issued in city districts of second class, and in village 4084 131 

Certificates must not be ante-dated 4073 124 

CHAIRMAN— 

Election in village districts-.. 3908,3911,3918, 3913 19,21, 22 

sub-districts 3917, 3924 • 25, 30 

special districts....................... 3926 31 

CHANGE OF DISTRICTS— 

As to classification in cities.. 3889 8 

By transfer of territory......................... 3893 9 

Appeal in such cases. 3893 9 

CHARITY SCHOOL— (See Zanaville.) 
CINCINNATI AND TOLEDO UNIVERSITIES— 

Council of Cincinnati may accept educational trusts........ 4095 136 

How trust funds to be applied 4096 336 

Trusteeship to vest in city..................... 4097 137 

Appointment of directors Cincinnati and Toledo universi- 
ties 4098 137 

Powers of board...... 4099 138 

Citizens not to be charged for admission of children 4100 138 

Accounts and expenditures...... 4101 138 

Board may confer degrees, when................... 410:3 138 

Sites and grounds.. 4103 139 

Tax, when and how levied. 4104 139 

Provisions applicable to Toledo 4105 139 

CITY DISTRICTS OF THE FIRST CLASS— 

Classification of 3886 7 

Changes in 3889 8 

Board, how constituted 3897 11 

When two members from each ward, how elected......... 3898 12 

When one member from each ward, how elected... , 3899 14 

Where electors, not residing; in wards, to vote 3900 15 

Plat of attached territory..... 3900 15 

Conduct of elections.. 3901 15 

How electors on attached territory cast ballots 3902 16 

Time of regular and special meetings of board 3903, 3980 17, 58 

Board to fill vacancies, to make rules and regula- 
tions 3903, 3981 17, 58 

Bonds, when and how issued 3994 75 

Who to be treasurer of school fund 4042 108 

Annual report, to be published 4059 118 

Board of education to appoint examining board 4077 128 



INDEX TO OHIO SCHOOL LAWS. 1 97 

CITY DISTRICTS OF THE FIRST CLASS— Continued— section page 

Institute, may be provided for 4092 135 

Institutes, teachers may unite for 4093 135 

(See Board of Education.) 

CITY DISTRICTS OF THE SECOND CLASS- 

Classification of 3887 8 

Changes in 3889 8 

Membership of board and how increased 3904 17 

Ejection of members 3905 18 

Election, conduct of 3908 18 

Election, where there are as many members as wards S907 19 

Treasurer of school fund, who 4042 108 

Institutes, teachers may unite for 4093 135 

CITY AND VILLAGE EXAMINERS— 

Ineligible, who 4069, 4077, 4084, 4085 122,128,131,132 

Boards in city districts of first class 4077 128 

Standard of qualification for teacher3 4078 129 

May secure assistance 4078 129 

Organisation of board, bond of clerk 4079 129 

Meetings and notice of same...... 4080 130 

Examination fees 4081 130 

Grades of certificates issued... -. 4081 130 

Compensation of, incidental expenses 4082 131 

Clerk, duty of, disposition of fees 4083 131 

Law same for all city districts and village districts 4084 131 

CLASSIFICATION AND CHANGE OF DISTRICTS— 

Different classes, changes of, etc 3885, 3892 6, 9 

CLERK BOARD OF EDUCATION— 

To certify transfer of territory 3893 9 

To give notice of election 3909 20 

Township clerk not entitled to vote 3915 24 

May appoint local director, when 3919 27 

Process served on by leaving copy with 3976 55 

Absence from meeting 3983 61 

Record of proceeding to be kept by and signed 3984 62 

Shall draw order for pay of sub-district teacher 4018, 4019 88, 90 

Unlawful to draw order for pay of teachers, when 40ol 114 

Shall prosecute for non-attendance of children, 4025 94 

Shall prosecute when children are illegally employed 2 96 

Shall be ji:dge of the qualification of private teachers, 

when 3 96 

Shall certify to ability of children to read and write,when. 3 96 

May excuse non-attendance of pupils, when 4 97 

Truant officer shall report to 7 98 

Blanks must be provided by 7 98 

Principals and teachers of schools must report to 11 102 

To have enumeration of youth taken 4032 105 

Abstract of enumeration to transmit to auditor 4035 106 

Auditor to act when clerk fails 4036 106 

Bond of treasurer, to receive and file 4043 109 

Money to be counted in his presence 4043 109 

Money paid into treasury on his order 4047 111 

To furnish auditor statement of funds in treasurer's hands. 4048 112 

Must give bond 4050 114 



198 



INDEX TO OHIO SCHOOL LAWS. 



CLERK BOARD OF EDUCATION— Continued— section 

Duties as to statistics. 4052 

To publish receipts and disbursements.. 4053 

To deliver books to successor.......... ........... 4054 

To keep account with treasurer.. 4055 

Compensation of..... 4056 

Report appointment of examiners in city districts.. 4077 

Shall report institute, city districts, first class 4092 

CLEVELAND— 

Library board, how elected... 4000 

Powers and duties of such board 4001 

Money raised by taxation, how expended..... 4002 

Manual and domestic training for children 

COLUMBUS— 

Board may convey land for park purposes. 

Board of education, how elected..... 

COMMISSIONER — (See State Commissioner Common Schools, 
County Commissioner, and Joint Sub-district.) 

COMMON SCHOOL FUND-(See School Funds.). 

COMPULSORY ATTENDANCE— (See Attendance Enforced.) 

CONSOLIDATION OF SUB-DISTRICTS— 

Election in case of 3922 

CONTINGENT FUND— 

Levy by board of education 3958 

How apportioned 3967 

Appeal from apportionment, by local board 3967 

How applied in Toledo........ 3988 

CONTRACTS— 

Powerer of board to contract 3971 

Members cannot contract with board 3974 

Member must not vote for relative for teacher 6975a 

Must be made at meeting 3974 

Township board responsible for acts of local boards, when 3987 

Directions for letting. 3988 

Between boards for schooling pupils 4022 

COUNTY AUDITOR— 

School levy to be certified to 3960 

Duties as to funds of district in more than one county..... 3963 

Apportionment of school fund, how made 3964 

of money not otherwise appropriated 3964 

Distribution of money after apportionment...... 3965 

Apportionment common school fund when county line 

divides original township .'. 3966 

Collect fines and inspect section sixteen accounts 3970 

Receive abstract of enumeration from clerk — 4035 

Have enumeration taken, if clerk fails 4036 

Furnish abstract of enumeration to commissioner........... 4039 

School treasurers to settle with annually 4044 

Collect penalty for failure to settle 4045 

Miscellaneous receipts to be reported to him 4047 

May allow treasurer what amount of funds 4048 

Copy of clerk's bond must be filed with 4050 

Receive statistical statements from clerks 4052, 4057 

Furnish commissioner with abstract of statistics..... 4060 



PAGE 

15 
115 
116 
116 
1 6 
128 
134 

77 

78 

78 

145 

146 
148 



29 

43 

47 
47 
47 

51 

54 
113 
54 
67 
69 
93 

44 

45 
45 
45 
48 



49 
106 
106 
108 
110 
111 
111 
112 
114 
115, 117 
119 



INDEX TO OHIO SCHOOL LAWS. 1 99 

4 

COUNTY AUDITOR— Continued— section page 

Distribute blanks, books, circulars, etc 1 4060 119 

Penalty against auditor and clerk 4060, 4061 119 

May appoint persons to make reports.. 4062 119 

Penalty for failure to make enumeration return 4063 119 

His compensation 4064 120 

Report of examination fees made to him 4072, 4084 124, 131 

Furnish blanks, books, etc., to examiners 4075 127 

Keep on file bond of clerk of examiners 4076 128 

Bonds of institute committee to be approved by him 4086 132 

Give committee order forinstitute fund 4087 133 

Give commissioner's examiner acceES to papers, etc 364 142 

COUNTY BOARD OF EXAMINERS— 

Appointment, term, vacancy 4069 122 

Who may and who may not be an examiner 4069 ' 122 

Organization, president, clerk, duties of each 4070 122 

Meetings, examination fees 4071 123 

Disposition of fees 4072 124 

Traveling expenses 4072 124 

Duration of certificates and when valid 4073 124 

Revocation of 4073 124 

Qualifications of teachers 4074 125 

Compensation of, incidentals, etc 4075 127 

Annual report of clerk, bond, etc 4076 128 

Ineligible as examiner, who 4069, 4085 122, 132 

COUNTY COMMISSIONERS— 

Appeal to in transfer of territory 3893 9 

May make levy for site and house in joint sub-district, 

when 3941a 36 

Appeal to, to revise apportionment contingent fund 3967 47 

May perform duties of board of education, when 3969 48 

Compensate auditor for reports made 4064 120 

May receive bequests and donations 145 

COUNCIL OF MUNICIPAL CORPORATION— 

May sell or exchange property with board 3971 51 

COUNTY TREASURER- 

Duties with reference to State school funds- 3956 41 

Collect school taxes 3960 44 

Fees for same . 3960 44 

Duty when district lies in more than one county 3963 45 

course of study- 
How and by whom adopted ; textbooks 4020 91 

Branches to be taught in English 4020 91 

German to be taught, when 4021 93 

Physiology and Hygiene, etc., must be taught 1 92 

DAYTON— 

Library board, how elected 1, 2 146 

Powers and duties of 3, 4 146 

DIRECTORS, LOCAL— 

Election of .• 3916, 3917 25 

Organization of. 3918 26 

Failure to elect ; vacancy, how filled 3919 27 

May appeal from apportionment of contingent fund 3967 47 

May build, repair, lease, etc., when 3987 67 



11, 


16 


17, 


19 


19, 


22 


25, 


28 


30, 


31 



2CO INDEX TO OHIO SCHOOL LAWS. 

* 

DIRECTORS, LOCAL— Continued— section page 

May employ and dismiss teachers 4018 88 

Cannot exceed funds apportioned them 4018 88 

Failing to employ teacher, township board may act 4018 88 

Certify amount due teachers 4018 88 

Dismissal of teacher ;.....,.. 4018 88 

May act on expulsion of pupils 4014 86 

/"," Application for use of school-house for literary societies, 

etc < 68 

DISMISSAL OF TEACHERS, JANITORS, ETC.— 

_^,.Causefor 4017, 3 87, 92 

By local directors 4018, 4019 88, 90 

DISTRICTS— (See Classification and Change of Districts.) 

Funds of, when lying in more than one county =. 3963 45 

ELECTIONS— 

City districts, first, class 3897, 3902 

City districts, second class 3904, 3907 

Village districts 3908, 3913 

Sub-districts. 3916, 3920 

Special districts 3924, 3926 

EMBEZZLEMENT— 

By^member board of education 4047 (notec.) 112 

ENGLISH LANGUAGE— 

All branches to be taught in 4020 91 

ENUMERATION— 

Taken when, and how often 4030 104 

Enumerators must take oath 4031 105 

What facts enumeration must contain..., 4031 105 

Enumerators must make affidavit to correctness of return 4031 105 

Compensation for same •• 4031 105 

What clerks to employ enumerators 4032 105 

Clerk of local board must take in sub-districts 4033 105 

How taken in joint sub-districts 4034 106 

Clerk of board to transmit abstract to auditor 4035 106 

Auditor to act, if clerk fails • 4036 106 

When county line divides original township .' 4037 107 

Penalty for failure to enumerate 4033 107 

Auditor to furnish abstract to State Commissioner 4039 108 

If excessive, State Commissioner to have it re-taken 4040 108 

Penalty for false returns 4041 108 

EVENING SCHOOLS— 

Where established 4012 85 

Attendance on same, equivalent to what 4029 95 

Minors between 14 and 16 must attend, when 3 96 

EXAMINERS— (See State Board of Examiners, County Board 
Examiners, City and, Village Examiners.) 

EXAMINATION FEES— 

State certificates , • 4068 121 

County certificates..-.. v 4071 12S 

Certificates, city districts first class 4081 130 

Disposition of 4072, 4083 124, 131 

EXECUTION— 

School property exempt from , 3973 53 



INDEX TO OHIO SCHOOL LAWS. 201 

EXPULSION OF PUPILS— section page 

How done, audfor what length of time 4014 86 

FEES — (See Examination Fees.) 

FINES— (See Penalty.) 

FORMS FOR REPORTS— 

Prepared by school commissioner... 359 141 

FRAUD- * 

In use of school money, to be investigated 364 142 

FUEL— 

Conlracts for 3937 67 

FUNDS— (See School Fund*,) 

GERMAN LANGUAGE— 

To be taught, when 4021 93 

HALF TIME SCHOOLS— 

Attendance on same, how estimated 4023 95 

HOLIDAYS— 

What are legal holidays 4015 86 

INSTITUTES— (See Teachers' Institutes.) 

INTEREST— 

On irreducible school fund 3952, 3954 40, 41 

INTERPRETATION: OF SCHOOL LAW— 

Rules of 5 

IRREDUCIBLE SCHOOL FUND— (See School Fund.) 

JANITOR— 

Employed by board of education „ : 4017 87 

Elected for what term, dismissal of 4017 87 

For county examiners 4075 127 

JOINT SUB-DISTRICTS— 

Township boards may establish, for what purpose '3928 32 

Governed and supported, how 3929 33 

Other provisions for establishment of 3930 33 , 

Established on petition of three or more persons 3931 33 

What petition to contain 3932 33 

Clerk to give notice of filing 3933 33 

Petition or remonstrance may be filed with probate judge. 3934 34 

Petition to give security for costs 3935 34 

Time and place of meeting of commissioners 3936 34 

Publication of notice 3937 34 

Commissioners to be appointed 3938 35 

Oath and duty of commissioners 3939 35 

Clerks to present plats and papers. 3940 35 

Report of commissioners 3941 35 

Local board to designate site, when 3941 a 36 

B>>ard of education to levy tax for school-house site 3941 a 36 

County commissioners to act, when .' 3941 a 36 

Effect of the report of commissioners appointed by pro- 
bate judge 3942 36 

Judgment for costs, what fees allowed 3943 37 

Report and judgment for sub-district . 3944 37 

Costs in case of establishment of sub-district 3945 37 

Petition for new sub-district, special district, etc 3946 37 

Proceedings thereon 3947 38 



202 INDEX TO OHIO SCHOOL LAWS. 

JOINT SUB-DISTRICTS- Continued— section page 
When petition or remonstrance may be filed with pro- 
bate judge 3948 38 

Election and duties of directors 3849 88 

Joint sub-districts, how changed, altered, dissolved 3950 39 

May not be changed or dissolved until after five years, ex- 
cept by order of the court 3950 39 

Appeal to probate court for dissolution 3950 89 

Estimate and levy of contingent fund, how made 3961 44 

Funds of, how apportioned and transferred by auditor ... 3981 44 

Estimate and levy when county line divides tub-district.. 3962 45 
When school-house to be re-built,- site may be changed 

by vote of directors, « 3989 72 

Clerk to take enumeration 4034 106 

LEASING SCHOOL LAND— (See Section 1404, Revised Statute.) 

LEASING— 

School sites or rights of way thereto 8987 67 

LEVY FOR SCHOOL PURPOSES— 

For State common school fund - 3951 40 

When made and for what purpose..... 3958 43 

Amount of levy. , 3959 44 

Additional levy submitted to voters, when and how........ 3991 

If approved, to be certified to Auditor 3992 74 

Levy anticipated, how...-. 8993 74 

For city libraries 3996 76 

LIBRARIES — 

Boards may appropriate money for, amount of 3995 75 

Levy for city libraries 3996 76 

How expended 3997 77 

Board may appoint librarian 3998 77 

Board may make rules and regulations 3998 77 

Board of managers may be appointed in certain cases 3999 77 

Library board to be elected in Cleveland 4000 77 

Powers and duties of such board 4001 78 

Library tax, how expended 4002 78 

Consolidation of Portsmouth libraries. 4003 79 

Board to appoint library committee..... 4004 79 

Powers and duties of such committee 4005 79 

Power to levy tax ...» 4006 79 

LOCAL DIRECTORS— (See Directors, Local.) 

LOCATION OF SCHOOL HOUSES— 

Place most convenient for greatest number 4007 80 

MEETINGS OF BOARDS OF EDUCATION— 

In cities of first class 3903 17 

Meeting of board of directors..... 3918 26 

Meeting of township board 3920 28 

Special meetings, how called 3920 

Contracts must be made at meeting 8974 54 

Absence of president or clork pro tern., officer may be 

chosen 3983 61 

Special meeting not legal unless all members notified 3985 62 

Text-books and course of etudy determined at regular 

meeting 4020 91 



INDEX TO OHIO SCHOOL LAWS. 203 

MEETINGS OF BOARDS OF EXAMINERS— section page 

County examiner*, number of meetings, etc 4071 123 

Meetings to be published 4071 23 

City examiners, districts of first class •• 4080 130 

City districts second class, and village districts 4084 131 

MONEY— 

Fraudulent use of 364 

MONTH— 

School month, what 4016 86 

NOTICE- 

Elections— (See Elections.) 

Examinations to be published 4071, 4080 123, 130 

• Truant officer to notify parents of absence of children 

from school 8 " 

OATH- 

To be made by school officeis 3979 57 

ORGANIZATION OF BOARD8- 

Manner and time of. 398 ° 58 

PENALTY— 

Members of board failing to perform duty may be fined.. 3969 48 

For various offenses 3970 (note.) 49, 50 

Company or corporation liable to penalty, for what... 2, 3, 12 96, 102 

Parent or guardian liable to penalty, for what 4, 8 97, 99 

Persons and officers neglecting to perform certain duties 

liable to fine • 13 102 

For voting for relative for teacher 6975 a R. S. 113 

For offering bribe or reward 6975 a R. S. 113 

For accepting bribe by employe or officer of board 6975 a R. S. 113 

For fraudulent enumeration return 4041 108 

Failure of treasurers to settle with auditor 4045 111 

Failure of auditor to furnish report 4060 119 

Failure of auditor to make enumeration return 4063 119 

Failure of executive committee of institute to report to 

the commissioner •■•• 4088 133 

Defacing property, disturbing meeting, etc 3972 (notes.) 52, 53 

For willfully disturbing school 3972 (notes.) 53 

PERSONAL PROPERTY— (See Real or Personal Property.) 

PRESIDENT OF BOARD— 

Process on board served by leaving copy with 3976 5o 

Absence from a meeting supplied by pro tempore presi- 
dent 3 9 83 H 

Sign minutes of meetings • 3 924 62 

Sign orders for payment of money 4047 111 

Keep clerk's bond on deposit 4050 114 

PRIVATE SOHOOLS- 

Shall report to school commissioner 363 142 

PROBATE JUDGE— (See Joint Sub-Districts.) 

Appoint county examiners 4069 122 

Report to school commissioner name and address of 

• . 4069 122 

appointees 4UDii *'* 

May revoke appointment of examiner for inefficiency, etc. 4069 122 

PROCESS- 

How served against board 3976 && 



204 INDEX TO OHIO SCHOOL LAWS. 

PROSECUTING ATTORNEY— section page 

Counsel for boards of education 3977 55 

Prosecute for fraudulent use of money, etc.... 886 143 

Prosecute on forfeiture of bond of executive committee... 4089 13 

PROVISIONS APPLYING TO ALL BOARDS— (See Boards of 
Education.) 

QUORUM— 

Necessary to transact business 3982 60 

REAL OR PERSONAL PROPERTY— 

How sold or exchanged : 3971 51 

Title, in whom vested.... 3972 52 

Exempt irotn sale on execution 3973 53 

RECEIPTS AND DISBURSEMENTS— 

Itemized statement to be published 4053 115 

Boards to make report to county auditor 4057 . 117 

REMONSTRANCE— (See Joint Sub- District) 

REPORTS— 

Receipts, expenditures and statistics to be reported to 

auditor 4057 117 

In what form reports shall be made 4058 117 

Superintendents and teachers to report annually to 

county auditor 4059 118 

Boards of city districts, first class, shall publish annual 

report 4059 118 

Auditor to make report of statistics to commissioner ... 4060 119 

Auditor to distribute circulars, blanks, etc 4060 119 

Penalty for failure to perform these duties 4060, 4061, 4063 119 

Auditor to appoint person to make report when clerk 

fails '. 4062 119 

Examiner of alleged defalcation to report to commis- 
sioner and court 365 143 

RESIDENCE— 

Without, but homestead within district 4013 85 

REVOCATION— 

Certificate by state board of examiners... 4068 121 

Certificate by county board 4073 124 

Certificate by examiners, city districts, first class 4081 130 

Appointment of county examiner 4069 122 

Appointment of city examiner 4077 128 

RULES OF INTERPRETATION OF LAW— 

As laid down by courts 5 

RULES AND REGULATIONS— 

Boards of education, for their own government.. 3903, 3985 17, 62 

Governing pupils and appointees 3985 62 

SALT AND SWAMP LANDS— (See School Funds.) 

SALARIES— 

Cannot be increased nor diminished, when 4017 87 

Local directors to fix salaries in sub-districts 4018 88 

Township board may increase, but not diminish, salaries 

fixed by local directors... 4018 88 



INDEX TO OHIO SCHOOL LAWS. 205 

SCHOOLS— SECTION PAGE 

Location and continuance of schools 4007 80 

At least one primary school in each sub-district 4007 SO 

Higher grade than primary may be established 4009 81 

Cannot be abolished for three years after establishment 4009 81 
Township, village and special districts/ may unite to 

establish township high school 4009 a 82 

How these districts may uuite 4009 b 82 

How sustained in children's homes, orphans' asylums, 

infirmaries 4010 83 

To be under control of trustees of institution 4010 88 

Youth may be sent to charity school at Zanesville 4011 84 

Evening schools may be established 4012 ' 85 

Who may be admitted to school free 4013 85 

Tax of non-resident to be credited on tuition 4013 85 

Assignment of youth by board 4013 85 

Suspension and expulsion of pupils 4014 86 

School holidays 4015 86 

School year, month and week.... 4016 SQ 

Board to control schools and appoint all employes, 

except teachers in sub-districts 4017 87 

May dismiss appointees 4017 87 

Board cannot increase nor diminish salary during term 4017 87 
Directors to employ, pay, and dismiss teachers in sub- 

districis 4018 88 

Teachers dismissed for insufficient reasons may bring 

suit . 4019 90 

Boards to determine text-books and course of study 4020 91 

German language shall be taught, when 4021 93 

Pupils may be sent from one district to another, when... 4022 93 
SCHOOL AGE— 

Unmarried youth between six and twenty-one (see 

note b to 4013) , 4030 104 

SCHOOL ATTENDANCE— (See Attendance Enforced.) 
SCHOOL DISTRICTS~(See Classification and Change of 

Districts ) ' 

SCHOOL FUNDS— 

" State common school fund" 3951 40 

Interest on proceeds of sales of salt and swamp lands, etc 3952 40 

"Common school lund, : ' origin of and income from 3953 41 

Accounts of, how kept 8951 41 

An irreducible debt 8954 41 

Bequests in trust for 3955 41 

Apportionment of state common school fund, etc 3956 41 

Common school fund, interest on, where paid, when 

county line divides original surveyed township 3957 48 

Board to levy for school purposes, when 3958 43 

Board to estimate amount necessary to continue schools 3958 43 

Amount of levy boards may make 3959 44 

Estimate made by board to be certified to county 

auditor 3960 



206 INDEX TO OHIO SCHOOL LAWS. 

SCHOOL FUNDS— Continued— section page 

Estimate of contingent fund for joint sub-district 3961 44 

Estimate when county line divides such sub-district 3962 45 

Funds of a district in more than one county, to whom 

paid . • 3963 45 

County auditor to apportion funds, how 8964 45 

Distribution of money after apportionment.......... 3965 46 

Of common school fund when county line divides original 

township 39C6 46 

Contingent fund so apportioned that schools shall be 

continued the same length of time 3967 47 

Sub-districts may appeal to county commissioners when 

apportionment is unsatisfactory 3967 47 

Funds apportioned among sub-districts can not be re- 
apportioned • • 3967 47 

Contingent fund, how applied at Toledo 3968 47 

County commissioners to levy contingent fund, when... 3969 48 
Members of board failing to make estimate subject to 

fine - 39G9 48 

County auditor to collect fines, and inspect tectum 16 

accounts •• 3970 49 

Treasurer to produce school funds to be counted by 

board.... ■ - 4043 109 

Supervision over school fund by school commissioner... 358 141 

SCHOOL HOUSES— 

To be provided by boards of education... 3987 67 

Power of directors of sub-district 39S7 07 

Directors to act under direction of township board 3987 67 

Directions for bidding and letting contracts 3988 69 

Erection of houses in joint sub-districts.......... 3989 72 

Boards may condemn lands for school-house sites 3990 72 

Tax levy submitted to voters, when and how... 3991 73 

If approved to be certified to auditor 3992 74 

Levy may be anticipated by borrowing money 3993 74 

Clerk to "keep record of bondd.... 3993 74 

Bonds, how issued by city districts of the first class 3994 75 

Defacing school-house, burning, stealing from, etc 8972 (notes) 52 

Safety of— (See Sections 2568, 2572, 7010, Revised Stat- 
utes.) 

School-houses may be used by literary societies, etc 68 

SCHOOL LAWS— 

Distribution of, how and when..... 361 141 

SCHOOL LIBRARIAN— (See Libraries) 

SCHOOL MONTH— (See Month) 

SCHOOL ROOMS— 

Renting of by boards 2987 67 

SCHOOL REPORT- 
TO be made annually 361 141 

Number copies — (See Sections 63, 64, Revised Statutes.) 

W T bat it shall present 362 142 

SCHOOL YEAR— (See Year.) 



INDEX TO OHIO SCHOOL LAWS. 2CJ 

SITES— SECTION PAGE 

Board to furnish 3987 67 

Submission of tax levy for 8991 73 

SPECIAL MEETINGS-(See Meetings.) 

SPECIAL DISTRICTS— 

Classification of 3891 9 

Formed or altered, how 3946 37 

Board, how constituted, aud how increa-ed 3923 30 

Election of members < t board 3924 30 

Notice and conduct of election 3925 30 

How abaudoned 3926 31 

Disposition of property 3927 31 

Treasurer, how chosen 4042 108 

Teachers may unite for institute 4093 135 

May unite with township and village districta to estab- 
lish township high school 4009 a, 4009 6 82 

STATE BOARD OF EXAMINERS— 

Appointment of, term of office, vacancy, etc 4065 120 

Grades of certificat s to be issued 4066 121 

Shall supersede all ether certificates 40G7 121 

Examination fees 40G8 121 

Compensation and expenses of examiners 4068 121 

STATE COMMISSIONER OF COMMON SCHOOLS— 

Vote to be returned to him when a township votes on 

the question of becoming a village district 3895 10 

Abstract of enumeration to be furnished him 4030 104 

Duty when he deems enumeration excessive 4040 108 

Furnish blanks for reports 4058 117 

May require reports to be made to him direct 4058 117 

Certificate to county auditor for reports made 4064 120 

Shall appoint state board examiners 4065 120 

To countersign state certificates 4067 121 

To be notified of the appointment of examiners. 4069,4077,4084 122, 128, 131 

Report of examinations to bo forwarded to.... 4076,4083. 40S4 128, 131 

To receive reports of institutes 4086, 4088, 4094 132, 133, 135 

May hold institute, when 4090 134 

Shall be elected tri -ennially 354 140 

Term of office 354 140 

Vacancy filled by appointment of governor 354 140 

His official bond and oath 355 140 

Office to be at seat of government 356 140 

To visit the several judicial districts 357 141 

His supervision over school funds .^. 358 141 

May require reports from county auditor and school 

officers 358 141 

Shall prepare forms and regulations for reports 359 141 

Duties as to distribution of school laws 360 141 

Annual report, when made 361 141 

Number of copies — (See Sections 63, 64, Revised Stat- 
utes.) 

What it shall present 362 142 

Shall require reports from private schools, etc 363 142 



208 INDEX TO OHIO SCHOOL LAWS. 

STATE COMMISSIONER OF COMMON SCHOOLS— Continued— 

SECTION PAGE 

Duty on complaint of fraudulent use of money 364 142 

Appointment of accountant to investigate such misuse.. 364 142 

Accountant's powers and duties 865 143 

Compensation of accountant , 865 143 

How payment thereof made i 365 143 

Adverse report given to grand jury 366 143 

Prosecuting attorney to institute proper proceedings 366 143 

STATE COMMON SCHOOL FUND— (See School Funds.) 

STATE CERTIFICATES— (See Certificates.) 

STATISTICS— 

Duties of clerk in regard to 4052 115 

Duty of board of education and auditor 4057, 4064 117, 120 

STEALING SCHOOL PROPERTY— 

Penalty for 3972 (notes) 52 

STUDIES— 

Determined by board of education , 4020 91 ■ 

SUB-DISTRICTS— 

Number of pupils to each 8921 28 

Established, when and how 3921 28 

Number of may be increased or diminished by board.... 2921 2S 

Consolidation of districts or formation of new districts.. 3922 29 

Election of directors therein 3922 29 

How formed or altered by petition 8946 37 

Apportionment of contingent fund to 3967 47 

One primary school must be established in each 4007 81 

Dismissal of teachers .„ 4018 88 

Clerk of sub-district to take enumeration 4033 105 

SUITS— 

May be brought by or against board of education 8971 51 

May be brought against local board, when 4019 90 

SUPERINTENDENT AND ASSISTANTS- 

Appointment by board of education.., 4017 87 

Reports required of them 4059 118 

To give city boards of examiners information 4078 129 

May be dismissed for refusing to give instruction in the 

effects of alcoholic drinks and narcotics 3 92 

Superintendent may excuse attendance of pupils 1, 4 95, 97 

To judge of the qualifications of private teachers, when 8 96 

To direct truant officer in performance of his duties 6, 8 98, 99 

To receive reports of truant officer 7 9S 

May provide for the private instruction of indigent 

children 10 101 

Subject to fine for non-performance of duty under com- 
pulsory education act 12 . 102 

SUPERINTENDENT OF BUILDINGS— 

May be appointed by board 4017 87 

SUSPENSION OF PUPILS— 

How done, and for what term , 4014 86 



INDEX TO OHIO SCHOOL LAWS. 209 

TA"5T 

J " tt - <v SECTION PAGE 

Rate of State tax to be designated by the general as- 

sembl y 3951 40 

Levied by board of education 3958 43 

Limit of levy 3959 44 

School property exempt from 3973 53 

For school-houses and site, when and how submitted to 

▼otes..... 3991 73 

To be certified to auditor if approved 3992 74 

How anticipated 3993 74 

Levy for city libraries 3996 75 

Library tax, how expended 3997 77 

Of non-resident pupils to be credited on tuition 4013 85 

TEACHERS— 

Appointed by board and for what length of time 4017 87 

Dismissed by boards of education 4017 87 

Appointed and dismissed by local boards, when.. 4018, 4019 88, 90 

Reports required of them 4051, 4059 114,118 

Who only may be employed 4074 125 

Payment of when certificate revoked 4073, 4081 124, 130 

Qualifications of 4074 125 

Number necessary to organize institute 4086 132 

May dismiss their schools to attend institute 4091 134 

May be dismissed for refusing to give instruction on the 

effects of alcoholic drinks and narcotics 3 92 

May suspend pupils temporarily 4014 86 

Must report names, ages, residence of pupils to board'of 

education \\ 192 

Subject to fine for non-performance of duty under com- 
pulsory education act 12 102 

TEACHERS' INSTITUTE— 

Organization of in county 4086 132 

Bond of executive committee 4086 132 

Report to school commissioner 4086, 4088 132, 133 

Payment of institute fund to executive committee 4087 133 

Funds not disbursed to be returned 4087 133 

Forfeiture committee's bond, etc 4089 133 

School commissioner may hold institute, when 4090 134 

What teachers may dismiss school to attend 4091 134 

May be provided for in city districts of first class 4092 134 

How supported ; 4092 134 

Report to be made to commissioner 4094 135 

Teachers of graded schools in adjacent counties may 

unite for 4093 135 

Length of session 4094 135 

TEACHERS' INSTITUTE FUND— 

Source of, in counties 4072 124 

In cities 4083 131 

Condition of to be reported by auditor to the commis- 
sioner 4060 119 

14* 



210 INDEX TO OHIO SCHOOL LAWS. 

TERRITORY— section page 

Transfer of 3893 9 

Annexed or detached for school purposes 3886 7 

TEXT-BOOKS— 

How determined and changed 4020 91 

May he purchased direct from publishers by board of 

education 4020 91 

May be furnished free to indigent children 4026 94 

tie vote- 
To be decided by lot 3978 56 

TOLEDO— 

Contingent fund, how applied in 3968 47 

(See Cincinnati and Toledo Universities.) 

TOWNSHIP BOARD- 

Constituted, how... 3915 24 

Organization, whei and how effected 3980 58 

May submit to vote the question of changing to village 

district 3894 10 

Must hold regular sessions, when... 3920 28 

Regular and special meetings, how called 3920 28 

Shall prescribe a course of study and text-books 4020 91 

May establish township high school 4009 81 

May appoint township superintendent 4017 87 

May appoint janitor and other employes 4017 87 

Shall employ teachers, when 4018 88 

May increase or diminish the number of sub districts... 3921 28 

Must prepare map of township district 3921 28 

May consolidate sub-districts 3922 29 

Give notice of election in new district 3922 29 

May assign youth to schools 4013 85 

May contract with other boards for admission of pupils 4022 93 

May open school-houses for literary exercises, etc 68 

Must provide for giving instruction as to the nature of 

alcoholic drinks and narcotics, etc 1 92 

Must approve treasurer's bond 4043 109 

Must make levy for school purposes 3958 43 

May sell and exchange real estate 3971 51 

Vacancies, how filled 3981 58 

Shall make rules and regulations 3985 62 

No special meeting legal unless all members are notified. 3985 62 

May enforce vaccination 3986 63 

Empowered to build and repair school-houses, etc.... ... 3987 67 

May appropriate property for buildings or sites 3990 72 

May submit to vote question of tax levy, wnen 3991 

Certify to county auditor if approved = 3992 

Board may anticipate levy, when 3993 74 

Shall enforce attendance — (See Compulsory Act.) 
Shall appoint some constable or other person as truant 

officer 6 98 

TOWNSHIP CLERK— 

Clerk of township board, but not entitled to vote 3915 24 

Appoint local director, when 3919 27 

(See Clerk Board of Education.) 



73 

74 



INDEX TO OHIO SCHOOL LAWS. 211 

TOWNSHIP DISTRICTS— section page 

Township district consists of what 3890 8 

May become village districts 3894, 3896 10 

Township treasurer to be treasurer of. 4042 108 

TRAVELING EXPENSES— 

State examiners 4068 121 

County examiners 4075 127 

Examiner appointed by commissioner 365 143 

TREASURER— 

Who to be treasurer of school funds 4042 108 

Must give bond approved by board of education 4013 109 

Funds must be produced and counted 4043 109 

Recording and filing of bond, new bond, release of 

surety, etc 4043 (notes) 109 

Bond to be filed with clerk and copy with auditor 4043 109 

Shall settle annually with auditor 4044 110 

Penalty for failure to make settlement 4045 111 

Balance on hand to be reported to board 4046 111 

Shall not pay out money except on orders signed by 

president and countersigned by clerk 4047 111 

Maximum amount of funds may hold 4048 112 

Shall deliver to his successor all moneys, books, papers, 

etc., belonging to the district 4049 112 

Shall keep separate account of each fund 4055 116 

Each account shall be balanced at close of school year. 4055 116 

Compensation of 4042, 4056 108, 116 

When, in city districts of the first class, to pay over 

institute fund to county treasurer 4092 134 

TREASURER OF COUNTY— (See County Treasurer.) 

TUITION— 

Non-resident pupils to have credit for tax paid 4013 85 

VACANCIES— 

In boards of education, how filled 3903, 3981 17, 58 

In local board, how filled... 3919 27 

In state board of examiners 4065 120 

In county board of examiners 4069 122 

In city and village boards of examiners 4077, 4084 128, 131 

In office of state school commissioner .' 354 140 

VACCINATION— 

May be enforced by boards 3986 63 

VILLAGE DISTRICT— 

What constitutes .- 3888 8 

How organized out of townships 3894, 3896 10 

Election of members of board 3908 19 

Number of members in board 3908 19 

Notice of election shall be published by clerk 3909 20 

Returns to be made to clerk of board 3910 21 

How membership of board increased 3911 21 

» How a village may become a village district 3912 21 

How village district organized 3913 22 

Organization of board, when 3914 23 



212 INDEX TO OHIO SCHOOL LAWS. 

VILLAGE DISTRICTS— Continued— section page 

Boundaries, how changed by petition..., , 8946 37 

Treasurer chosen by the board 4042 108 

Teachers may unite for institute 4093 135 

Boards of education in Hamilton county shall consist of 

fivemembers , 147 

WEEK— 

School week, what » 4016 86 

YEAS AND NAYS— 

When to be called 3982 60 

YEAR— 

What is a school year 4016 86 

YOUTH— 

Assignment of by board of education 4013 85 

Who entitled to school privileges , 4013 85 

Attendance enforced 1, 3 95, 96 

ZANESVILLE— 

Charity school at '. 4011 84 



INDEX TO FORMS AND INSTRUCTIONS. 



CHAPTER I— FORMS FOR SCHOOL DIRECTORS— page. 

1. Notice of sub-district school meeting for election of directors 149 

2. Poll-book for sub-district election 149 

3. Tally-sheet Jor sub-district election 150 

4. Notice of special meeting for election of director 150 

5. Minutes of sub-district school meeting 151 

6. Certificate of election of director 151 

7. Oath of director 151 

8. Appointment of director 152 

9. Meeting of directors 152 

10. Contract between directors and teachers 152 

11. Certificate lor teacher's pay 152 

12. Contract for fuel, repairs, etc 153 

13. Certificate of amount due for fuel, etc 153 

14. Dismissal of teacher 153 

15. Visit to school 154 

CHAPTER II— FORMS FOR TOWNSHIP BOARDS OF EDUCATION— 

16. Notice of meeting to vote a tax for building purpose;' 154 

17. Notice of special meeting of towhship board 155 

18. Certificates of annual estimates 155 

19. Certificate of annual estimates for joint school 155 

20. Different modes of altering sub-districts 156 

21. Notice of election in a new sub-district 156 

22. Organization of a joint sub-district school 157 

23. Petition to board of education for joint sub-district 157 

24. Clerk's notice to members of board 157 

25. Petition to probate judge 158 

26. Remonstrance against joint sub-district ; 158 

27. Appointment of commissioners by probate judge 159 

28. Report of commissioners 159 

29. Assignment of scholars to central high school 160 

30. Appointment of librarian 160 

31. Bond of librarian 160 

32. Order on township treasurer for teacher's pay 161 

33. Order on treasurer other than for teacher's pay 161 

34. Lease to school district 161 

CHAPTER III— FORMS FOR CLERKS, TEACHERS AND TREASURERS— 

35. Township treasurer's bond as treasurer of the board of education.... 162 

36. Certificate of treasurer's bond 163 

37. Treasurer's bond 163 

38. Clerk's bond 164 

39. Township clerk's bond 165 

40. Report and certificate of school funds in treasury 165 



214 IDDEX TO OHIO SCHOOL LAWS. 

CHAPTNR III — Forms for Clerks, Teachers and Treasurers — Continued — page 

41. Final receipt of township treasurer , . 166 

42. Final receipt of township clerk 166 

43. Teacher's daily register 167 

44. Teacher's daily register, (second form) 168 

45. Teacher's term register 169, 170, 171 

46. Teacher's report to township clerk 172 

47. Eecapitulation and general report 173 

48. Branches of study, names of pupils in each, and name of text-book.. 174 

49. Township treasurer's general account with township 177 

50. Township treasurer's account with the several sub-districts 178, 179 

51. Report of township treasurer to county auditor 179 

CHAPTER IV— FORMS FOR SCHOOL EXAMINERS AND PROBATE 

JUDGES— 

52. Appointment of school examiners 180 

53. Revocation of school examiner's appointment 181 

54. Teacher's certificate 181 

55. Revocation of teacher's certificate 181 

Form for school examiner's register.. 183 

Constitution for county teacher's institutes 184 

CHAPTER V— FORMS UNDER COMPULSORY EDUCATION ACT— 

Notification to parent or guardian of non-attendance 185 

Complaint against parent or guardian 185 

Complaint against juvenile disorderly person 186 

Warrant for arrest of juvenile disorderly person 187 

Commitment 187 

Certificate of school attendance 188 

Certificate of education 188 

Notice to employers of youth 189 

Teacher's report 190 

Report of truant offic r 191 



ERRATA. 



Page 6, section 3885, second line, for "district" read "districts." 

Page 9, section 3893, eighth line, for "clerks" read "clerk." 

Page 35, section 3940, first line, for "clerk" read "clerks." 

Page 73, section 3991, seventh line, for " schoo-houses " read " school-houses." 

Page 101, section 10, last line, for "hile" read "while." 

Page 113, section 6975 a, E.. S. As it pertains entirely to school affairs, it was thought 
proper to incorporate this section in this edition of the school laws, but it 
was accidentally misplaced, and is found in the wrong chapter. 

Page 132, section 4086, line at the bottom of the page. The reference to section 
four thousand and eight, though thus printed in the volume of the laws 
for 1887, is manifestly wrong. Since the abolition of the authority 
of boards to establish separate schools for colored children, there is no 
section 4008; but the matter referred to in section 4086 will be found in 
section 4088. 



